Charged with a DWI While Parked? Here’s What to Do Next
Getting charged with Driving While Intoxicated (DWI) when you weren’t even driving can feel confusing and unfair. Many people think that as long as they’re parked and not moving, they’re safe from a DWI arrest. Unfortunately, Texas law doesn’t always work that way.
If you were parked, tested for alcohol (such as through a blood test), and charged with a DWI, here’s what you need to know — and what steps to take now.
Why You Can Be Charged Even If You Weren’t Driving
In Texas, DWI laws don’t only apply when your vehicle is in motion. Prosecutors can charge you if they believe you were “operating” a motor vehicle while intoxicated. This can include situations where you were:
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Sitting in the driver’s seat with the keys in the ignition or nearby
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Parked on the side of the road or in a parking lot
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In a position where you could have driven
Police officers may argue that your “physical control” of the vehicle was enough to meet the definition of “operating” — even if the car wasn’t moving.
The Role of the Blood Test
If you took a blood test, the results will be used as evidence in your case. However, blood tests aren’t foolproof. There are several factors a skilled DWI defense attorney can investigate, including:
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Whether the blood draw was done legally and with proper consent or a valid warrant
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How the sample was stored and transported
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Whether lab procedures were followed correctly
Errors in any of these steps could make the test results unreliable — and potentially inadmissible in court.
What to Do Immediately
If you’ve been charged with a DWI in Texas while parked, time is critical. Here’s what you should do next:
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Contact an experienced DWI defense lawyer right away.
These cases can be fought, but the sooner an attorney is involved, the more options you’ll have. -
Do not discuss your case with anyone except your lawyer.
Anything you say — even casually — could be used against you. -
Document everything you remember.
Write down the timeline of events, where you were parked, whether the engine was on, what the officer said, and anything else you recall. -
Request an ALR hearing.
In Texas, you have only 15 days from the date of your arrest to request an Administrative License Revocation hearing to fight a driver’s license suspension.
How RB Isenberg, PLLC Can Help
At RBIsenberg, PLLC, we’ve successfully defended many clients against DWI charges — including cases where the driver was parked and not moving. We know how to challenge the state’s evidence, question the legality of the stop, and expose weaknesses in blood test results.
Your future, freedom, and license are on the line. Don’t wait until it’s too late to fight back.
Call us today for a free consultation and let us start building your defense.
