The Very Broad Scope of the Term “Driving” in DUI Cases

Drunk driving is a problem in society and something that should be avoided at all costs. That being said, many people are surprised to learn that the definition of "driving" is extremely broad in most states and goes far beyond what most of us would think of when we drive.

A quick word of caution before we get into this discussion. Drunk driving laws are controlled at the state level, not the federal level. This means every state has different laws that apply to drunk driving situations. For instance, refusing to take a breathalyzer test is considered an admission of guilt in some states while it will only result in a license suspension in others. As a result, the following topics are state dependent.

So, what is driving? Well, the obvious answer is it refers to a person in the driver's seat of a moving car. Over the years, this classic and logical interpretation has been expanded in a number of ways. The first thing to understand is you don't have to be driving a vehicle. The pantheon of strange, but true, stories has included convictions for riding bicycles, lawn mowers and forklifts while drunk.

What about the driving itself? Many people are surprised to learn that the car doesn't have to be moving to get a DUI in most states. Let's say you and your loved one spend a night out on the town. You are at a bar and get in an argument. The two of you head out to the car to have a personal chat. It is winter, so you fire up the car to generate some heat. A police officer watches you do this and thinks you are drunk. The officer can charge you for drunk driving since the engine is on. It does not matter that you are just sitting there.

Where is the line drawn? Well, it depends on the state in question. The line is generally drawn when the keys turn. If the keys are in the ignition, but the engine is not on, you usually can't be charged for drunk driving. The line is crossed when you turn those keys.

If you are consuming adult beverages, getting a DUI is a great way to ruin your day, week, month and year. Don't risk it. Designate a driver or set money aside for your cab ride. Whatever you do, don't get behind the wheel even if you aren't going to go anywhere.

Thomas Ajava writes for LakeCityDUILawyer.com - retain a top Lake City DUI lawyer to fight for your rights against DUI and DWI charges.