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However, they can give you a DWI if you're not even driving and your keys are in your pocket, if you admit you drank and drove...A violation can only be enforced if the officer sees the violation with his own eyes. Your testimony, or that of others, is insufficient for a violation charge. As an example, I could not go to a Police station and claim I saw you doing 70mph in a 55, and expect the officer to give you a summons for it - even if you admitted to it. Same goes for littering and other violations.