“But I wasn’t actually driving,” and why this DUI excuse may not hold up | Virginia DWI Attorney

“But I wasn’t driving, the car was just running and I was sitting in it.” A popular excuse, but not always valid or accepted. We may refer to the charge as driving while under the influence, but Virginia law actually states you may not operate a motor vehicle while intoxicated.

What does operating entail?

It really depends. But here are some actual examples:
-When the car is running, but still in park
-Sleeping in the car with the engine on
-Sitting at the steering wheel of an inoperable vehicle while the motor is running
-Starting your car and sitting in the passenger seat while waiting for your driver to get into the car.

You may have been surprised at that last one. But the technical definition of “operating” can include manipulating the mechanical or electrical equipment of the vehicle, even without putting it in motion. In Virginia, it’s best to just avoid putting the keys in the ignition in the first place if you’ve been drinking.

What should you do if charged with a DWI or DUI in Virginia? Obviously it’s up to you. But with the consequences what they are, it may be best to contact an experienced attorney to discuss your options. For a free initial consultation, contact the Parrish Law Firm to discuss your case.

Related posts:

  1. How to Avoid Drunk Driving – DWI/DUI Arrests Have Increased in Fairfax County, Virginia
  2. Ignition Interlock Measure Defeated | Virginia DUI Attorney
  3. 4 Things the Prosecutor Must Prove to the Court Before You Can be Convicted of DWI in Virginia
  4. Apple iPad Installed in Car’s Dashboard | Virginia Distracted Driving Attorney
  5. Virginia and Maryland Consider Bans on "Driving While Texting"

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