You can be charged with DWI for sleeping in your car. Texas law prohibits operating a motor vehicle while intoxicated, and courts have interpreted the term “operate” broadly. Prosecutors can argue that a person sleeping in a parked vehicle was still operating it, even if the vehicle was not moving when law enforcement arrived.
If you’ve been charged with this type of situation, speaking with a DWI lawyer in Houston can help you understand your options and build a strong defense.
Although you might just have been sleeping it off after realizing you’d had one too many drinks, Texas Penal Code § 49.04 refers to operating a vehicle in a public place. There’s no specific definition beyond this, but courts have consistently interpreted it as a situation in which you have the present ability to drive.
Being behind the wheel with the keys within easy reach means you can easily start the engine and head out onto the road while you are still intoxicated. If you were to do so, you would present a hazard to others’ safety. So, the very fact that you are behind the wheel while intoxicated means that law enforcement can intervene.
If you’re in a position to start the car and drive it, you can be considered to be operating a vehicle. Specific factors that courts take into account include:
Law enforcement officers will also check for evidence that you were driving the car fairly recently. For example, the engine is warm or other people saw you driving it shortly before you were found sleeping in the parked car.
Texas DWI laws also specify that you can be charged with an offense if you were in a public place. Public places include any place accessible to the public, such as streets, highways, and parking lots.
Some locations that might otherwise be considered private property are often included. For example, you were parked on a private road serving a gated community. In this instance, you are still considered a risk to the public because other people use the road.
Many people believe that sleeping in a parked car shows they made a responsible decision not to drive. While that fact may help your defense, prosecutors are not required to prove intent to drive. The question is whether the evidence shows that you were operating the vehicle while intoxicated.
It would be a mistake to consider a DWI charge for sleeping in a parked car trivial. If you are found guilty, you will still have a DWI on your record. Consult our Houston DWI lawyer to find out what we can do for you.
There are several possible defense strategies we can consider based on the facts of your case. We can examine the prosecution’s case, searching for gaps in the evidence against you or areas where evidence can be challenged. The sooner you contact us, the sooner we can begin protecting your rights.