Can I be arrested for OWI if I was just in my car to keep warm and waiting to be picked up?
Question Details: I was arrested and charged with an OWI while sitting in my vehicle letting my car keep me warm while trying to reach out for a ride to come pick me up. My vehicle was not being driven, it was just idling for heat.
You can be arrested for drunk driving even if you aren't actually driving the vehicle. Simply getting into a car when over the legal blood alcohol limit may be enough for an arrest if you had the ability to operate the vehicle (i.e. it was turned on, you had the key on your person, etc.), even if you were not doing so at the time that the officer observed you.
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