A DUI conviction can have serious consequences in many aspects of your life, from limiting or even ending your driving privileges to financial hardships and even jail time served. Even if you're not actively driving a vehicle, it's still possible to be charged with a DUI or DWI simply from being behind the wheel. If you want to know how you can possibly protect yourself against this, then you'll want to read about the "no driving" defense and how it can be invoked in your DUI case.
What Constitutes Driving?
In order to understand how the "no driving" defense may work in your favor, it's important to understand what constitutes driving in the eyes of the law. In most states, it's considered the act of consciously operating a motor vehicle on a public road or highway. In cases involving DUI or DWI, prosecutors often look for active participation in the driving process. However, actions that could constitute active participation may be as minuscule as the following:
- Moving the vehicle by a very small distance, even a few inches in some cases
- Deliberately placing the vehicle in neutral and allowing it to roll forward several feet
- Committing the mere act of steering the vehicle, even if someone else is in the driver's seat
- Steering the vehicle, even if the engine is off
The "no driving" defense mainly relies on the intoxicated person not having complete control of their vehicle or proof that they controlled the vehicle during the time they were intoxicated. If the prosecutor is unable to prove beyond reasonable doubt that you were in control of your vehicle while intoxicated, it may be possible to invoke the "no driving" defense.
Where the "No Driving" Defense Could Be Invoked
There are several areas where you and your DUI/DWI attorney may be able to effectively utilize a "no driving" defense in your case:
- You fall asleep in your vehicle and accidentally knock the shift lever into neutral, causing the vehicle to roll forward. Technically speaking, you're not driving your vehicle if you don't have conscious control of it.
- You're sitting in the driver's seat of your vehicle with the engine running, but you've made no effort whatsoever to move the vehicle.
- Someone claims you were driving your vehicle while intoxicated, but has no actual proof to substantiate that claim. This proof includes collaborating eyewitness testimony, traffic enforcement camera footage and even your own testimony or admission of guilt.
- You can prove that someone else was in complete control of the vehicle, given that person is not intoxicated or under the influence of a controlled substance.
Keep in mind that the validity and effectiveness of a "no driving" defense depends on your state and local jurisdiction. Some states may have a significantly lower bar for proof when it comes to someone controlling a vehicle while in an intoxicated state.
Does It Apply to Any Vehicle?
Bring up the term "vehicle" and most people will assume you're talking about an ordinary car, truck or SUV. However, the law may have a broader definition of what constitutes a vehicle. For instance, a riding lawn mower, power mobility scooter or bicycle can be considered a vehicle as long as said vehicle operates on public roads.
Some states may even extend that definition to vehicles that are on private property, which is how someone wound up being arrested for merely walking his bicycle across his front yard while he was intoxicated. In many places, the penalties for DUI on a non-motorized vehicle are similar to those for DUIs involving motorized vehicles.
It's always a good idea to consult with your DUI/DWI attorney, someone from a place like the Chichester Law Office, when it comes to these and other possible defenses in your case.
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