“Driving” Under the Influence?

By Tiffany Sanders, ESQ.

More than one question has been posed about what constitutes “driving” under DUI law. The answer, of course, is that it varies from state to state.

However, the one thing that is clear and consistent is that you can’t count on “driving” meaning what we typically think of as driving. That is to say, “driving” doesn’t necessarily mean steering a car that’s moving down the road under its own power.

For instance, in at least one state, steering a car in tow has been held to be “driving” for purposes of a DUI conviction.

Many states consider a person “in control of” a motor vehicle if the person is sitting in the driver’s seat and the car is running–or even, in some states, if the keys are in the ignition and the car isn’t running.

In fact, there’s been at least one case in which the “driver” was convicted of a DUI committed while his keys were in his pocket.

There are too many variations in statutory language and in the interpretations of various courts to attempt to advance any kind of blanket definition.

The bottom line is that “driving” doesn’t necessarily mean what you think it does, and it’s best to find out how it’s defined in your state before it becomes an issue–or a criminal conviction.