It’s not uncommon for some people to sleep in their car rather than risk a drive home after a night of drinking. Unfortunately, it is still possible to be arrested for a DWI in this scenario. This is because the state of Texas defines “intoxicated” and “motor vehicle” but the law does not define what “operating” means. And, as DWI charges stem from being intoxicated while operating motor vehicles in a public space, the court may still decide that you were operating the vehicle.
Texas courts have previously found sleeping people to be “operating” their vehicle under the following circumstances:
Asleep in the back seat with the keys in the ignition
Asleep in the driver’s seat
Sleeping with a seatbelt on
Starting the vehicle to use the heater or air conditioning
Listening to the radio in the car