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What is a DWI in Texas? 
A DWI, or driving while intoxicated, is a criminal offense in Texas. It applies when a person is operating a motor vehicle while under the influence of alcohol or drugs. The legal blood alcohol concentration (BAC) limit in Texas is 0.08%. However, you can still face a DWI charge if you are impaired by drugs, even if your BAC is under the legal limit. The key factor in a DWI charge is whether you were “operating” the vehicle. But the definition of operating a vehicle is broader than many people realize.
Under Texas law, you don’t have to be actively driving to be charged with a DWI. The law applies to anyone who is “operating” a vehicle. This can include situations where the vehicle is parked or not moving, as long as the person is in control of the vehicle and has the ability to drive it.
Can You Be Charged with DWI While Parked?
Yes, it is possible to be charged with a DWI while parked in Texas. While you may not be actively driving, if you are in control of the vehicle, you can still be considered to be “operating” the vehicle under Texas law. So, if you are sitting in the driver’s seat with the keys in the ignition or within reach, law enforcement may charge you with a DWI. Even if you’re parked in a safe location and not intending to drive, being behind the wheel while intoxicated can be enough for an officer to arrest you for a DWI. The critical factor is whether you are in control of the vehicle and have the ability to drive it. If you are intoxicated and in control of a motor vehicle, law enforcement officers are likely to assume that you could drive, regardless of whether you intend to.
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What Does “Operating” or “Controlling” a Vehicle Mean in Texas?
In the context of a DWI charge, “operating” or “controlling” a vehicle is not limited to simply driving it. According to Texas law, “operating” a vehicle can include situations where a person is in the driver’s seat, even if the car is not moving. A person is considered to be in control of the vehicle if they have the ability to drive it, regardless of whether they are actually driving it at the time. For example, if you are sitting in the driver’s seat with the keys in the ignition or within reach, law enforcement can argue that you are “operating” the vehicle. The fact that you are intoxicated and in control of the vehicle makes you susceptible to a DWI charge, even if you are parked. In legal terms, a person is considered to be operating a vehicle if they have the ability to drive it. This can apply to situations where the vehicle is not in motion, but the person still has control of it. In these cases, it is not necessary for the vehicle to be moving for the person to be charged with a DWI.
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Can Sleeping in Your Car Prevent a DWI Charge?
Many people believe that sleeping in their car can help them avoid a DWI charge if they are intoxicated. However, this is not always the case. If you are sleeping in your car and the keys are within reach or in the ignition, you may still face a DWI charge in Texas. Texas law allows for a DWI charge if a person is in control of a vehicle while intoxicated, regardless of whether they are actively driving. So, if you’re sleeping in the driver’s seat with the keys within reach, you could be considered to be in control of the vehicle and could face a DWI charge. The law does not require you to be awake or driving the car, only that you have the ability to operate the vehicle. If you’re planning to sleep off intoxication in your car, it’s best to remove the keys from the ignition or place them somewhere that is not within your reach. This may help reduce the risk of being charged with a DWI, although it’s not a foolproof defense.What Are the Penalties for a DWI in Texas?
A DWI conviction in Texas can have serious consequences. The penalties for a DWI depend on various factors, such as whether it is a first-time offense, whether anyone was injured, and whether the driver had children passengers in the vehicle. For a first-time DWI offense, you could face a fine of up to $2,000, a jail sentence of up to 180 days, and a driver’s license suspension for up to a year. If you have a BAC of 0.15% or higher, the penalties are more severe. A second DWI offense can lead to increased fines, longer license suspensions, and a mandatory alcohol education course. If you have been convicted of a DWI, you may also be required to install an ignition interlock device in your vehicle. This device requires you to blow into it before starting your car, and if your BAC is over the legal limit, the vehicle will not start.Related Videos
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What Defenses Are Available for a DWI Charge While Parked?
If you’re charged with a DWI while parked, there are several potential defenses that could be used in your case. An experienced DWI defense attorney will analyze the specific facts of your case to determine the best approach. Some common defenses to a parked DWI charge include:- Lack of control over the vehicle: If you were not in control of the vehicle, meaning you weren’t in the driver’s seat or did not have access to the keys, your attorney may argue that you cannot be charged with a DWI.
- Intoxication wasn’t proven: If the police did not properly conduct field sobriety tests or failed to gather sufficient evidence of intoxication, your attorney could challenge the accuracy of the charges.
- Lack of intent to drive: If you can prove that you had no intention of driving the vehicle and only got into the driver’s seat to sleep or for another reason, it could serve as a defense to a DWI charge.