Parked Car DWI

A person may not realize that he or she is too intoxicated to drive until he or she is already at or in the vehicle. Though driving is yet to commence, it may already be too late. The law can be interpreted in such a way that just being in a car while intoxicated and in the absence of a sober driver behind the wheel, may warrant arrest and prosecution.

Though there are not provisions for parked car DWI or DUI specifically, officers can make an arrest if you are “operating” the vehicle. They are trying to demonstrate that there is the intent to drive while intoxicated, or that the act has already occurred. If they consider you to be a threat, then they will act on the basis of having grounds for making an arrest, though the circumstances may not hold in court. The following are some possible causes for arrest:

  • Attempted DWI: the police can say that they have prevented you from committing a DWI if they can demonstrate that you were going to drive.
  • DWI has occurred: if a warm engine and warm tires suggest that you’ve been driving, though you may be asleep in your car pulled over, they can argue the evidence proves your guilt.
  • Operating the Vehicle: this means that the intoxicated person is in control. If you’re drunk behind the wheel, the parking brake is off, and/or the ignition is running, you may be arrested.

Contact Us

The experienced Dallas DWI defense lawyers at the Law Offices of Mark T. Lassiter are here to help if you have been accused of DWI when you were not engaged in the act of driving. Contact us today at (214) 845-7007 to discuss your case with a committed and compassionate professional.


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