After a night of fun at the bar, you realize that you had too much to drink. Instead of driving home, you decide to sleep it off in your parked car. While you think this is the safe, responsible choice, you suddenly wake up to flashing lights and an officer arresting you for driving while intoxicated (DWI).
Understanding why this is possible is the crucial first step to defending your case.
The Texas interpretation of “operating”
According to Texas law, you are committing an offense if you are intoxicated while operating a motor vehicle in a public place. The courts interpret this as you having the ability to start or move the vehicle without actually moving on the road. In other states, this situation constitutes actual physical control, which focuses on the potential for harm, not just the act of driving.
If a police officer finds you intoxicated in a parked car, they focus on specific details that suggest you recently drove or intend to drive, such as:
- You are sitting in the driver’s seat.
- The keys are in the ignition or readily accessible nearby.
- The engine is running.
The prosecution can use these elements as proof that you have actual physical control of your car. While the situation can appear final, you still have the chance to defend yourself.
Building your defense
Facing a DWI charge in Texas can feel overwhelming, especially when you thought you did the right thing. In this situation, seeking legal help from an attorney can be the best step forward. You may want to explain your situation to the police, but doing so can result in damaging admissions. With professional guidance on your side, you can focus on building a defense that proves you had no intent to drive.