Contents
How Can Police Prove You Were Driving In Texas
DUI With No Proof Of Driving In TX
Getting arrested for DWI is scary because it often means having to go through a costly legal process. But there are times law enforcement arrest people for DWI when those people were not actually the ones behind the wheel. You may successfully fight a DWI case if no one saw you driving. But an experienced DWI lawyer can help you fight a DWI case whether there is evidence you were driving or not and give you more details about how can police prove you were driving.
In case you were not driving, there is still a chance you can be convicted for a DWI if the attorney representing you is not experienced or knowledgeable of the law. You need an aggressive and strategic DWI lawyer to help clear your name.
Can You Be Convicted For DWI Even If You Were Not Driving?
I Got A DUI But I Wasnt Driving
You can be arrested and convicted of DWI even if you were not the driver. For this to happen, you must be illegally intoxicated, you must be in a public place, and you must be operating a motor vehicle. The officer needs all these elements to be true before they arrest you.
Operating Vs Driving
Charged With DUI But Not Driving
Operating a motor vehicle does not only mean driving but could also mean just starting the vehicle even if you don’t want to drive it. So, you can be arrested for a DWI for just starting the vehicle from a passenger seat even if you were only doing it to start the air conditioner. The reason why this is possible is that there is no clear definition of what “operating” actually means.
This makes it possible for officers to interpret the meaning broadly. So, in most instances, it’s up to the jury to decide whether you were operating the vehicle or not. The meaning of “motor vehicle” is a device that a person can use for transport physically on a highway. That includes devices such as a bike, truck, passenger car, motorcycle, and more.
What Is A Public Place?
I Got A DUI But I Wasn’t Driving
Police only need to show that you were driving in a place that is not private to prove that you were driving in a public place. However, a private place that is open to the public is public. This includes a parking lot for a grocery store, a private road that has many houses along it and leads to your home.
What Is Illegal Intoxication?
Charged With DUI But Not In Car In Texas
You are allowed to drive with alcohol in your system as long as your blood alcohol content is below 0.08%. Your mental and physical faculties must also be normal when you are driving. After being pulled over by police on suspicion of driving while under the influence of alcohol, the officer will be observing your behavior keenly.
Some signs of intoxication they are looking for include slurred speech and the inability to walk in a straight line to gauge whether you are in full control of your mental and physical faculties.
You Can Be Arrested For DWI Even When You Are Not Driving
Texas Drivers With No DUI
Police can suspect you of committing a DWI offense even if they do not personally pull you over and test whether you are intoxicated or not. That may include arresting you while performing a wellness check when you are sleeping in your stationary vehicle, arresting you because someone reported you to the police for driving recklessly, and more.