New Mexico Man Charged with DWI Despite Not Actually Driving

A New Mexico man has learned that you don't need to be driving to get arrested and charged for DWI.

Fidencio Francia was arrested for DWI after police found him pulled over on the side road asleep in his vehicle.

Francia thought he was doing the responsible thing by sleeping in his vehicle instead of driving while intoxicated. 

"I didn't wanna hurt anyone, because I felt I wasn't gonna be able to drive safe," said Francia. "I could have got in my truck and started it and tried to drive away, but I didn't."

Francia was woken up by the police, who asked him to take a field sobriety test and submit to a breathalyzer test.  When he blew a .13, he was arrested on DWI charges.

So how can a driver be charged with driving while intoxicated without actually driving?

According to District Attorney Kari Brandenburg, New Mexico has laws that state if a driver is in control of the vehicle, meaning he or she is in the driver's seat and has access to the keys, and the driver can turn on the vehicle and operate it, then he or she can be charged with DWI.

Because Francia placed his keys in the center console of his vehicle, the judge said it was a cut-and-dry case because his keys were within his reach.

Not all cases are as cut-and-dry as Francia's. Each case has different circumstances and is analyzed according to the facts of the case.  For example, if a driver were to place his or her keys in the trunk of a vehicle, they may not be found guilty of DWI since they cannot easily get to the keys to start the car.

To learn if there are similar DWI laws in your state, click here to find a DWI lawyer near you!