Legal Question in Criminal Law in Texas

Can anyone clarify the law in TEXAS where they can charge you with DWI even if the vehicle is parked, plus the fact that the person is only on the edge of the seat, with their feet out in a parking lot, leaning on the door, with a broken ignition, and the vehicle does not belong to them, and the owner is standing right there in the same parking lot?

Asked on 2/07/11, 11:24 am

1 Answer from Attorneys

D McBride McBride Law Firm

Usually the officer must show “operating a motor vehicle” to fully prove a DWI in Texas. There are many facts that determine if someone was operating, and the law allows an officer to arrest someone for Probable Cause. You might need a criminal defense attorney.

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Answered on 2/08/11, 5:34 am

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