Can I be charged with a DWI if I’m not driving a vehicle?

Yes, you can be charged with a DWI in North Carolina even if you are not driving a vehicle. According to the North Carolina DWI laws, it is illegal to operate any vehicle while impaired. This means that you can be charged with a DWI if you are in physical control of any vehicle, even if the vehicle isn’t moving. Therefore, a person can be charged with a DWI if they are sitting in the driver’s seat, even if the vehicle is not running or if the keys are not in the ignition. In addition, it is illegal in North Carolina for a person to be under the influence and in “apparent control” of a vehicle, even if the person is not in the driver’s seat or the vehicle is not running. “Apparent control” is defined as a person having the capability, means, and opportunity to operate the vehicle. The court considers several factors to determine if a person had apparent control, such as if the person was near the vehicle and had access to the vehicle keys. Therefore, a person can be charged with a DWI in North Carolina, even if they are not driving a vehicle, as long as the court finds that the person had control or apparent control of the vehicle. It is important to be aware of this when considering drinking and driving.

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Can I be charged with a DWI if I’m not driving a vehicle?

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