I wasn't even driving. Why was I arrested for DWI in Texas?
Hello, I'm Tycha Kimbrough. Even if you were not technically driving, you could still be charged with driving while intoxicated under Texas law. There's two main factors when we're talking about driving while intoxicated. And those factors are, one, the amount of the intoxicating substance in your bloodstream and, two, your potential ability to control and operate a motor vehicle. So even if you weren't technically driving, but you had the potential ability to control and operate that motor vehicle, you could still be charged.