Can I be arrested for dwi/dui and not be 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.

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. 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.

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.

A “friend” or family member calls the police and says to the that you were driving and intoxicated. You are now home in bed. There is no law that says you have to answer the continued knocking of the police unless they have a no-knock warrant, which the do not for a misdemeanor. Remember, you do not need to help the police build their case against you.

A good criminal lawyer can help if you find yourself in one of these situations by using the weakness of the case as mitigation.