Driving while intoxicated or driving while impaired (DWI) is extremely dangerous and against the law in the United States. In Texas, it’s possible to be charged with a DWI even if your vehicle is not in motion when police discover you. The following is a brief overview of how and why this is the case.

What Is a DWI?

According to the Texas Department of Transportation, a person is harmed or killed approximately every 20 minutes in Texas as a result of an auto accident involving alcohol. A person is considered legally drunk in Texas when they have a breath alcohol concentration (BAC) of .08 or more. Consequences for first-time offenders include fines, jail time, or loss of your driver’s license. Additional offenses can increase fines and the time behind bars. In some cases, you may be required to install a breathalyzer-enabled ignition switch that prevents your car from running if you’ve been drinking.

What Does It Mean to “Operate” a Vehicle?

According to Texas’s statutes, a person can be charged with a DWI if they are found to be “intoxicated while operating a motor vehicle in a public place.” While the legislation clearly defines what it means to be intoxicated (BAC level), it does not specify what it means to be “operating” a vehicle in this situation. 

However, in a 1995 criminal appeal, the Texas court defined operating a car as the defendant taking any action that would “affect the functioning of his vehicle in a manner that would enable the vehicle's use." As a result of this interpretation, a person does not necessarily need to be driving a car to be convicted of DWI in Texas. If your vehicle is running and you’re intoxicated in the driver’s seat, you’re “enabling the vehicle’s use.” There have now been several cases where defendants were found guilty because they were asleep with the ignition on. 
 

If you’re facing a DWI in Texas, contact The Law Offices of Charley Johnson in Centerville. For more than 35 years, this criminal lawyer has been helping Leon County residents faced with charges, including misdemeanors and felonies. He’s also highly experienced in probate law, estate planning, and family law. Visit his website to learn more about his practice areas. Call (903) 536-2185 to schedule a consultation today.