You don't necessarily have to be behind the wheel to be arrested for DUI! A couple of recent cases in Texas proves this point. A 26 year old man was changing his tire at the side of the road when an officer saw the disabled vehicle and stopped to offer assistance. When he did he noticed that the man was having trouble standing up and was trying to put the jack handle in the wrong hole. Another man in Texas was found asleep in the passenger seat of his car on the side of the road, late at night. The officers noticed an empty bottle of Everclear in the car and arrested him for DUI. Many states have laws where you must be operating a vehicle to be arrested for DUI, however, the laws are changing and circumstantial evidence is now beginning to be allowed.