{"id":3903,"date":"2019-05-21T21:26:38","date_gmt":"2019-05-21T21:26:38","guid":{"rendered":"https:\/\/www.dualawfirm.com\/?p=3903"},"modified":"2023-04-20T12:30:44","modified_gmt":"2023-04-20T16:30:44","slug":"how-you-can-get-charged-with-a-dui-even-if-you-werent-driving","status":"publish","type":"post","link":"https:\/\/www.dualawfirm.com\/2019\/05\/21\/how-you-can-get-charged-with-a-dui-even-if-you-werent-driving\/","title":{"rendered":"How You Can Get Charged with a DUI\/DWI Even if You Weren\u2019t Driving"},"content":{"rendered":"

Many people are surprised to learn that they do not need to actually be operating a motor vehicle in order to be convicted of a DUI\/DWI in Virginia. This is because state law allows a defendant to be convicted when you were merely “operating” a vehicle and Virginia law has a broad definition of what is considered to be \u201coperating\u201d a vehicle. For example, if you are sitting in your car with no actual intention of driving, you could still be charged with a DUI\/DWI if Fairfax County law enforcement show up and suspect you are intoxicated or impaired.<\/span><\/p>\n

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This scenario highlights the many nuances and complexities associated with Virginia DUI\/DWI laws. In many instances, you will need a strong and knowledgeable Fairfax County DUI\/DWI defense lawyer<\/a> to fight these charges. If you were arrested for a DUI\/DWI and were not driving at the time, it is extremely important to schedule a free, confidential case review with a Fairfax County, VA DUI\/DWI defense attorney.<\/span><\/p>\n

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The Broad Definition of \u201cOperating a Vehicle\u201d in Virginia<\/b><\/h2>\n

According to <\/span>Virginia Code \u00a7 18.2-266<\/span><\/a>, it is unlawful for someone to \u201cdrive or operate\u201d a motor vehicle while under the influence of alcohol or drugs. However, to \u201cdrive\u201d or \u201coperate\u201d extends beyond the general meaning or understanding of driving or operating a motor vehicle. In Virginia, a \u201cdriver\u201d or \u201coperator\u201d is a person who \u201cdrives or is in physical control of a motor vehicle.\u201d All that is necessary for police to arrest you for a DUI\/DWI is for you to be in a vehicle with a key in the ignition.<\/span><\/p>\n

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This extremely broad definition of \u201coperating\u201d a vehicle was affirmed in a 2012 Virginia Supreme Court case, specifically <\/span>Commonwealth v. Enriquez<\/span>, 283 Va. 511 (2012). In this case, the Virginia Supreme Court stated that \u201cwhen an intoxicated person is seated behind the steering wheel of a motor vehicle on a public highway and the key is in the ignition switch, he is in actual control of the vehicle, and therefore, is guilty of operating the vehicle while under the influence of alcohol within the meaning of Code \u00a7 18.2-266.\u201d<\/span><\/p>\n

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The Virginia Court of Appeals has gone further and ruled that a vehicle does not even need be on a public highway in order for someone to be arrested for a DUI\/DWI. A driver could be sitting in a parked vehicle in their own driveway with the key in the ignition and still be charged with a DUI\/DWI in Virginia.<\/span><\/p>\n

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No Intention of Driving Not a Viable Defense<\/b><\/h2>\n

There may be multiple reasons why an impaired driver may be behind the wheel of a vehicle without intending to drive. For example, the driver may very well choose not to drive because they acknowledge that they had too much to drink. They may have gotten into their vehicle to \u201csleep it off\u201d until they are sober enough to drive home. However, even in this scenario, the police could charge the motorist with a DUI\/DWI.<\/span><\/p>\n

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Here are some other plausible explanations for why someone would get into a vehicle without planning on driving.<\/span><\/p>\n