What Can Happen If You’re Drunk In a Car But Not Driving?

If you’ve been drinking and the police stop to investigate, you can still be charged with DWI if you’re not the driver.

Why can this happen?

In Texas, a charge for DWI depends on proving two key factors:

• The amount of alcohol in your system; and
• Your potential ability to physically operate and control a motor vehicle

So, it does not matter if you aren’t driving or you don’t plan to drive; you can still be arrested and charged for DWI in Texas. So, if happens that you are drunk in a car but not driving, immediately consult a San Marcos DWI defense attorney for help.

BAC

Any person with a blood alcohol concentration or BAC of 0.08% or higher, who is at least 21 years of age, can be charged with DWI if they’re inside an auto, whether they’re driving or not.

Penalties

Penalties for DWI in Texas, for people 21 years old and older, are determined by the number of offenses and specific factors. So, the court can impose a fine of up to $2,000 and jail time from 3 days to 180 days overall. You can also get your license suspended for as long as two years.

So, it really doesn’t pay to drink and drive or to sit in a car or stand outside of a vehicle and drink when the auto is your mode of travel.

Because things and testimonies can get convoluted when determining guilt for DWI, you need to call on an experienced DWI lawyer to scrutinize the situation on your behalf.

So, let’s take a closer look at DWI cases where you might get charged for DWI even if you’re not driving.

Examples of DWI Cases Where the Occupant Wasn’t Driving

Below are examples of DWI scenarios where the occupant, although intoxicated, was not driving:

• The occupant is sitting in the driver’s seat, and the keys are in the ignition. In this case, a person can get charged, as they have the ability to operate the vehicle.
• The accused is sitting in the passenger seat, and the driver is intoxicated. In this example, they did know that the driver was drunk and still permitted them to drive.
• The passenger is in the back seat holding an open container while the driver is intoxicated.
• A person is standing outside a vehicle and has the keys to the vehicle in their possession. If they’re intoxicated, they still have the ability to operate the auto.
• An intoxicated passenger is sleeping with no one in the driver’s seat, or they get inside the car to get warm, turn on the AC, or listen to music.

Why It’s Imperative to Contact a DWI Attorney?

If you’re charged with DWI as a passenger or a driver, you need to seek legal help immediately. An attorney can help you in the following ways:

Provide Legal Advice and Guidance

Your attorney can explain the charges against you and give you the advice required to go forward with your case.

Represent You in Court

Your lawyer will fight for your rights in court so you don’t have to face the charges alone.

Negotiate a Plea Deal

A DWI lawyer can negotiate a plea deal on your behalf with the prosecution to reduce your penalties or charges.

Challenge the Evidence

If the evidence against you is not clear, a DWI attorney can challenge the facts and work to have certain details excluded or suppressed from your case.

Explain the Consequences

A DWI lawyer will explain the possible consequences of a DWI conviction – consequences that may include jail time, fines, and a suspension of your license.

Receive Legal Help for Your DWI Case Now

In Texas, contact Mendoza Law to get the legal representation you deserve now. If you’ve been arrested for DWI, obtain legal help right away.