Can I be arrested for dwi/dui if I wasn’t driving?

“Can I be arrested for dwi/dui if I wasn’t driving? That is a question many people ask who were in the car when the police approached them, but actually not driving.  Unfortunately, the short answer is, yes. There are a few ways in which this can happen. The state has only to prove that you were driving or operating a motor vehicle.

For example. The police come upon you after an accident, and you are standing outside of the car. Your admission to them that you were driving can be all the evidence they need to make an arrest. Good Samaritans at the scene can also testify to put you behind the wheel. There is nothing you can do about the eyewitnesses, but you do not need to help the police build their case. Don’t talk to the police if you have been in a wreck and you have been drinking. You will only hurt yourself and probably get arrested.

Here is another piece of advice. Let’s say you decide to pull over or stay in a parking lot and sleep it off. Do not leave the engine running to stay warm. Texas case law says that merely turning on the car is operating a motor vehicle. The fact that your car engine is running, and you are behind the wheel can give the police enough evidence to arrest.

Sometimes “friend” or family member calls the police and says to the that you were driving and intoxicated. There may be witnesses that reported your car weaving or driving dangerously. You are now home in bed. There is no law that says you have to answer the door when the police knock. Don’t to help the police build their case against you. If you talk to the police and admit you were driving the police may then have enough evidence to arrest, you.

So, the answer to the question “Can I be arrested for dwi/dui if I wasn’t driving?” is yes. A good criminal lawyer can help if you find yourself arrested for DUI. A criminal lawyer can use facts like this to use to your advantage in trial or at a hearing. 


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