Sleeping off the alcohol in your car might seem like a responsible choice to avoid driving while intoxicated. However, this decision could still result in DWI charges under Texas law.
Many drivers face unexpected legal troubles when officers find them sleeping in their vehicles after drinking. That’s because what matters isn’t necessarily whether you’re driving—but whether you have “control” of the car.
What Texas law says about operating a vehicle
Many people think “driving while intoxicated” means you must actually drive a car to face charges. With a legal blood alcohol limit of 0.08%, the “intoxicated” part remains clear, but the “driving” part often misleads drivers about what constitutes a DWI offense.
Texas law defines “operating” a vehicle more broadly than just driving it down the road. Any action showing you have control over your vehicle while intoxicated might result in DWI charges.
For example, turning on your car to run the air conditioning or even sitting in the driver’s seat with the keys in your hand could count as operation.
Actions that could trigger a DWI arrest
Several factors can lead officers to decide that you were “operating” your vehicle while sleeping:
- Sleeping or sitting in the driver’s seat instead of the back seat
- Having the keys within easy reach
- Having keys in the ignition
- Running the engine for heat or air conditioning
These actions suggest you maintain control over the vehicle. If you need to sleep in your car, move to the back seat. Additionally, keep your keys in the trunk, the glove box, or deep inside your bag. This helps show that you had no intention of driving.
Get home safely without risking a DWI
Sleeping in your car while intoxicated creates unnecessary legal risks in Texas. Instead, your best bet is to call a ride-share service or ask a sober friend for help. Remember, a DWI charge can impact your future opportunities and freedom.
If you’re facing DWI charges despite not driving drunk, it’s wise to seek legal advice. An experienced attorney can help you explore available defense strategies to avoid penalties.
