Can I be charged with a DWI if I’m not driving a vehicle?
Yes, you can be charged with a DWI (Driving While Intoxicated) in Oregon even if you are not driving a vehicle. Under Oregon law, you can be charged with the offense if you have actual physical control of the vehicle, even if you are not driving. This can happen if you are sitting in the driver’s seat, with the keys in the ignition or in your possession. However, the state must prove that you were under the influence of alcohol and intended to operate the vehicle. Furthermore, if you are caught operating a vehicle on public property while intoxicated, you may be charged with a DWI even if the vehicle is not in motion. In Oregon, just because the car is not moving does not matter. You can be arrested and charged with this offense if you are found to have a blood alcohol content (BAC) level of 0.08% or above. It is also important to note that Oregon law allows for you to be charged with a DWI even if you are not in a vehicle. For example, if you are operating ATVs, snowmobiles or boats while under the influence of alcohol, you can be charged with the offense. It is important to remember that the penalties for a DWI charge are very serious and you could face hefty fines, jail time, and license suspension if convicted. If you are facing charges involving a DWI, you should consult a lawyer familiar with Oregon DWI law to get the best advice on how to proceed.
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