Legal Question in DUI Law in Texas

charged with dwi, yet i wasn't driving

i live in the state of tx. i was recently charged and arrested for dwi, yet i wasn't driving when i was arrested. can they do this?


Asked on 12/06/07, 10:22 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: charged with dwi, yet i wasn't driving

They can, if they have articulable evidence that you were driving. It doesn't mean they can prove it, only that they can accuse you of it. (Get a lawyer).

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Answered on 12/07/07, 11:11 am
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: charged with dwi, yet i wasn't driving

1192.1 requires "operation" of a vehicle as one of its elements. The courts of NY have defined the term "operation" very loosely. What exactly does the complaint state you were doing?

You may contact me to discuss this further.

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Answered on 12/07/07, 5:00 pm


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