In Texas, driving while intoxicated (DWI) cases are typically featured on the local news throughout the state. However, rarely do these stories involve individuals charged with DWI in parked vehicles. But unfortunately, if you are drunk and asleep in a parked car, you may still be charged with a DWI in Texas and many other states throughout the country.
According to Texas law, a person commits a DWI when he or she is “operating” a motor vehicle in a public place while intoxicated. Although state law defines what it means to be intoxicated and what is considered a motor vehicle, it doesn’t define the term operating.
Due to the broadness of the term, it has been left up to the courts to define. Generally speaking, if the prosecution has circumstantial evidence that an individual had been operating a motor vehicle, the proofs may be sufficient to meet their burden of proof before a jury or judge, even without eyewitness testimony that a person was actually operating at the time.