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Can Dallas Drivers Get Arrested for DWI Without Driving Their Vehicle?

— March 21, 2023

Yes, in certain circumstances, drivers can be arrested for a DWI even if they were not driving their vehicle.

In Texas, the term driving while intoxicated (DWI) refers to drunk driving. Texas law prohibits drivers from operating their vehicle while they are in a state of intoxication. This can either be through them having a BAC of .08% or above, or them being physically or mentally impaired while driving. Most drivers make the mistake of believing that they can not get a DWI unless they are actually driving. However, this is not true. Drivers are not allowed to operate their vehicle while they are intoxicated. The term operate is broad and does not only include driving. Even if motorists carry out any task that affects the functioning of their vehicle while they are intoxicated, they may still be arrested and charged. 

So yes, in certain circumstances, drivers can be arrested for a DWI even if they were not driving their vehicle.

Motorists who are arrested unfairly and they believe the officers made a mistake should reach out to lawyers to get advice on their next steps. Even if a driver was rightfully arrested, they should get in touch with Dallas DWI attorneys so they can better understand their position and try and build a defense to reduce their penalties.

One of the most common penalties that individuals will face after their collision is a license suspension. For a first-time offense they will have their license suspended for 180 days. For a second or third offense, individuals will have their license suspended for two years. Drivers can apply to get their license back for specific and important tasks by filing the correct application as soon as possible. Texas DWI attorneys can better explain one’s position and let drivers know what they need to do to help themselves. DWI lawyers can help individuals get the legal support they need in these circumstances.

Plea Bargaining in Dallas, Texas, DWI Cases

Handcuffs and key sitting on fingerprint card; image by Bill Oxford, via
Image by Bill Oxford, via

Many drivers who are charged with a DWI look to get their charges dismissed entirely. This may or may not be possible based on the details of one’s case. It can be difficult to aim for complete forgiveness of the case, but it is more possible to have the charges reduced to a wet reckless charge. 

A wet reckless charge is an offense that relates reckless driving and drugs or alcohol. A DWI accident attorney will discuss the details of one’s situation with them and let them know if aiming for such a charge is possible. It is never easy to deal with criminal charges or face an arrest. However, motorists should know they don’t have to deal with everything on their own.

Everyone makes mistakes and it is only fair for drivers to have their rights respected no matter what the situation is. Hiring an attorney can improve one’s chances of having their legal penalties mitigated so they can continue their current routines while learning from their errors. 

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