Each state is going to have some of their own laws and rules when it comes to helping make sure that a DUI case can be handled. There are several states that will have laws that state how a person needs to be in actual physical control of the vehicle in order for an offense to occur. This means that the person is usually the one behind the wheel when they were caught. You do not need to be physically driving it though. Some states will need the motor to be running, while others will say that the motorist needs to just be in the driver’s seat or have the keys of the vehicle.

Of course, the individual court is going to look at all of the evidence when deciding whether the elements are met. Being in the driver’s seat or having the vehicle running, even if you were not actively driving at the time, is often included because it shows that you were able or intending to drive while you were intoxicated, even if you were not physically doing it at the time.

For other states, it is going to be more about operating the vehicle. This means that you can only have the offense if you were actually moving the car while intoxicated. Of course, the term operating can be different for each person and it will depend on what the courts decide to use it.

In some cases, there is a question about the use of the vehicle. For example, the individual could have been using the car as a temporary shelter and wasn’t meaning to drive it at all. This would make a difference on the charge. Some of the factors that will help determine whether the individual was driving, or about to drive, the car include:

# Where the vehicle was located

# Whether the vehicle as actually drivable

# The location of the keys to the vehicle

# Where the driver was in location to the vehicle at that time.

There are a lot of things that need to come together to accuse someone of driving while under the influence and it can be hard to handle some of the charges on your own. When you are worried about how this will go and you are facing some of the charges related to it, then you need to work with a DWI lawyer right away. They will be able to take a look at some of the specifics of your case and determine what legal course of action you should take at the time. Contact our team to discuss your DUI case.