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DWI Duh: No, Texas Won’t Let You Drink and Drive Thru a Car Wash

You are here: Home / Laws / DWI Duh: No, Texas Won’t Let You Drink and Drive Thru a Car Wash
February 16, 2016 by Editorial Staff

You can get a DWI in a Texas car washA little mud never hurt anyone in the Lone Star State, especially when it is so easy to clean up and get back on the road for more Texas living. You just take your car, truck or SUV to the local drive-thru car wash, sit back and watch the Technicolor foam scrub away the dirt. That five minutes of driving through a rainbow is the perfect time to sit back and crack open a beer, in fact. You’re not actually driving, right? Can’t you get away with a little DWI fun while your release the grip of dirt from your car?

Well, no. You cannot drink while your vehicle is going through a car wash, not unless you’re ready for a DWI, or at least a round of sobriety testing on the other side.

Technically, if you are in your vehicle, behind the steering wheel, you are assumed to be in control (or driving) it. When you have a beer in your hand, while behind the wheel of your vehicle, you are drinking while driving. Since this isn’t Mississippi, that gives law enforcement the probable cause needed to stop you and ask you to submit to a sobriety screening, including a breathalyzer test.  If your blood alcohol concentration (BAC) is at or above .08 percent, you’ll be charged with DWI and face a car breathalyzer or ignition interlock requirement, among other penalties. If you are below the legal limit, you could still be charged with reckless driving, public intoxication or an open container violation.

We get that the car wash foam is cool, but it isn’t worth all the hassle to enjoy those pretty colors while sipping on your favorite beer. Plus, it would be a shame to clean your car, only to have it restricted with an ignition interlock device after your DWI debacle.  Keep it clean, Texas, and save the beer for when you won’t be driving, even if just through your local car wash.

Category: Laws

About Editorial Staff

The editorial staff is a group of writers and contributors with wide-ranging areas of expertise. The editorial staff provides news and analysis of topics that are focused on community and driver safety.

Previous Post:Better watch out when refusing a BAC test in FloridaMaking it Hard to Refuse a BAC Test in Florida
Next Post:ICYMI: West Virginia’s 2015 Open Container Law ChangedFor those keeping track of the states that allow you to carry an open bottle of booze in your car, you should have crossed West Virginia off that list in 2015. More than likely, you’re only into open container laws for the trivia factor. Drinking while driving is so last century, and it can be a slippery slope into a DUI or other drunk driving conviction. So, why did West Virginia finally decide to end the joyride that was their old policy on open containers? Safety was likely the number one reason. Most states have made it illegal to carry an open container of alcohol in a vehicle, at least within reach of the driver. We doubt there is a lot of temptation to grab that bottle while driving down the road, but it does happen and an extra measure of safety doesn’t hurt anyone. The other reason probably had to do with federal TEA-21 guidelines. The Transportation Equity Act for the 21st Century (TEA-21) sets forth certain rules of the road, including open container laws. The idea is that each state can “evolve” its laws for compliance, and receive federal money for roads and transportation projects in return. As such, open containers of alcohol are “so last year” in West Virginia, and good riddance to the practice! By adding the new law on top of existing DUI laws and consequences like a car breathalyzer or an ignition interlock requirement, we are assured that safety is a top concern across the state. Moving into the 21st century, in compliance with TEA-21, helps everyone by restricting dangerous behaviors and keeping roads in working order. From there, we can only watch as the rest of the country finds their way into the future of safe driving and less risks on the road.

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