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DWI Laws in Texas: What Does “Control” of a Vehicle Mean? 
In Texas, Driving While Intoxicated is covered under Texas Penal Code § 49.04, which makes it unlawful to drive a vehicle while under the influence of alcohol or drugs. But here’s where things get tricky: DWI charges don’t necessarily require you to be driving. Instead, they only require you to be “in control” of the vehicle.
Control means that you have the ability to start the car, even if the engine is not running, and even if you’re parked. The law essentially focuses on whether you have the potential to drive, not whether you are actively doing so. This is an important distinction because it means that even if you are not moving your car, the state could still argue that you were in control of it and therefore eligible for a DWI charge.
For instance, if you’re sitting in the driver’s seat with the keys in the ignition, or within reach of them, you are considered to be in control of the vehicle. In Texas, courts often look at this very closely, especially in cases where drivers argue that they were simply “sleeping it off” in the car.
The Zendeh Del & Associates, PLLC Team
What Happens If You’re Found Asleep in Your Car?
Imagine this scenario: you’re parked along the Seawall in Galveston, exhausted from a long day, and decide to pull over and rest for a while. You’re in the driver’s seat, the engine is off, and you’re just waiting for the morning light. It seems harmless, right? But in Texas, police officers can still arrest you for DWI if they determine that you’re in control of the vehicle, even though it’s not moving. This means that officers may arrest you based on the belief that you could potentially drive while intoxicated, even if you have no intention of doing so. Officers generally use a few key criteria to make this determination:- Location of the keys: Are the keys in the ignition or within arm’s reach? If so, you may be considered to be in control.
- Physical position: Are you in the driver’s seat? This position is more likely to lead officers to believe you have control over the vehicle.
- Intent to drive: Was there evidence that you intended to drive the vehicle? For example, did you move the car earlier but stopped to rest?
The Legal Considerations of Sleeping in a Car: Key Cases and Court Rulings
There have been numerous cases in Texas and nationwide where people were charged with DWI while parked. One notable case involved a man found sleeping in his car with the keys in the ignition. Despite not being behind the wheel at the time of the arrest, the court ruled that the individual had been in control of the vehicle and could have potentially driven it. In this case, the arrest was upheld because the car was still within the individual’s reach, and they were in a position to drive if they had chosen to.Client
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Can You Be Arrested If You’re Not in the Driver’s Seat?
In some situations, being asleep in the back seat or another part of the vehicle might change the situation. However, this is not a guarantee that you won’t be arrested. Courts will still evaluate factors like the proximity of the keys and whether you were in a position to operate the vehicle. For example, if you are in the back seat and the keys are on the front passenger seat, some courts might be less likely to find that you were in control of the car. However, if you’re in the back seat with the keys in your hand, the case becomes murkier. A police officer could still arrest you if they believe you could have easily accessed the vehicle’s controls. In cases where the individual is not in the driver’s seat but still has access to the keys, it can be argued that they might have been in control of the vehicle. The courts take a very detailed approach to these cases, considering all the evidence presented.Case Results
Why the Location of the Car Matters
The location of where you’re parked plays an important role in whether or not you’ll be charged. If you are parked in a secluded or safe area, such as a designated parking lot, and the vehicle is turned off, the case for control becomes weaker. However, if you’re parked in an area where your car could potentially block traffic, impede others, or pose a risk, officers may consider it more likely that you intended to drive and are, therefore, in control of the vehicle.What You Can Do to Avoid a DWI Charge While Sleeping in Your Car
While the law may seem harsh, there are several things you can do to minimize your chances of being charged with DWI while resting in your car. Here are some strategies to consider:- Turn off the engine and make sure the car is completely off. If the car’s engine is running, it’s easier for officers to claim that you are in control.
- Remove the keys from the ignition and place them in the glove compartment or another area far from the driver’s seat. This makes it less likely that you will be deemed in control of the vehicle.
- Rest in the back seat instead of the driver’s seat. Being in a position where you’re not easily able to drive may work in your favor.
- Choose a safe, legal parking space to rest, such as a designated lot. Avoid parking on roadsides or places where your vehicle could block traffic or attract attention.
Legal Defenses You Can Use If You Are Arrested
If you’ve been arrested for DWI in a parked car, it’s essential to know your defense options. Here are a few potential legal strategies:- Lack of intent to drive: If you can show that you were not planning to drive and had no intention to operate the vehicle, you may be able to argue against the DWI charge.
- Being in a non-driving position: If you were not in the driver’s seat, especially if you were resting in the back seat, this could be a critical element in your defense.
- No physical control of the vehicle: If the keys were not within your reach or the vehicle was turned off, your attorney could argue that you did not have control over the car.