For many people arrested for driving under the influence the question of driving does become an issue. Is someone sleeping in their car "driving" according to the law?
What about someone with the keys in the ignition? Are they "driving" their car? Or someone who is outside of their car sitting on the fender?
These and many other similar and not so similar circumstances have forced the court to come up with a definition of what does constitute "driving".
Driving has two accepted components:
The “operation” of a vehicle and the “controlling” a vehicle.
Operating a vehicle is what is commonly referred to as DRIVING or having the car MOVING. Seems simple enough, but it isn't.
Moving is not the only element in driving. Controlling is the other element and this has to do with the keys (controlling).
If you have the keys you have CONTROL.
You do not have to be “driving” to get arrested for a DUI. If you feel that you have had too much to drink and are thinking about sleeping it off in your car, you can still be arrested for DUI if, for example, you have the keys in the ignition or if you are in the driver’s seat with the keys in your hand.
During the course of a DUI investigation, the police are required to follow certain procedures. Failure to do so can lead to the dismissal of your DUI case. What many people refer to as a "technicality" or "loophole", is actually a way of using the constitution to protect your rights. Have you been arrested for drunk driving and you were not actually driving your car? From first time DUI offenders to felony DUI, our DUI lawyers have successfully fought DUI charges. Protect your freedom, avoid trouble, and save yourself money. Contact our office today to speak with a DUI attorney. All consultations are absolutely free.
