Can an individual be arrested for DWI if they are not driving?

The correct answer is that an individual can be arrested for DWI even if they are not actively driving, as long as they are in control of the vehicle while intoxicated. In New York, the law stipulates that being in "physical control" of a vehicle can lead to a DWI charge. This means that if someone is sitting in the driver's seat with the keys and the intention to drive, even if the car is not moving, they can still be arrested for DWI.

This legal principle aims to prevent potential harm to the public by addressing situations where a person might be impaired and able to drive even if they are not currently doing so. Therefore, the focus is not solely on whether the vehicle is in motion, but rather on the individual's capacity to operate the vehicle while under the influence of alcohol or drugs. This underscores the broader intent of DWI laws to keep roads safe by removing impaired individuals from any potential situation where they could operate a vehicle.