That is, until they find out you weren't actually driving your car when you were charged with a DWI. In fact, you did the responsible thing and chose to sleep instead of drive. In most states, including Texas, you can be charged with a DWI for simply sleeping in your car while intoxicated.

In Texas, you can be arrested for DWI (Driving While Intoxicated) even if the car is parked and you are simply sitting in the driver's seat. Texas law defines "operating" a motor vehicle very broadly. You do not necessarily have to be "driving" in motion; if the police determine you have "Actual Physical Control" of the vehicle, you can be charged. This often hinges on whether the keys are in the ignition, if the engine is running (even for the heater or A/C), or even if you are just sitting in the driver's seat with the keys in your pocket. Texas courts have upheld DWI convictions for people sleeping in their cars if they had the immediate ability to start and move the vehicle. If you find yourself intoxicated and need to sleep it off, the only grounded and safe way to avoid a legal nightmare is to sit in the back seat and keep the keys far away from the ignition or even outside the vehicle if possible. However, the safest and only "guaranteed" way to avoid a DWI in Texas is to use a ride-share service or have a designated driver, as the state has some of the strictest and most strictly enforced "public intoxication" and "operating" laws in the country.