It would seem obvious that to be charged with DUI an officer would have to find you behind the wheel operating a vehicle, but what does "operating a vehicle" mean when it comes to DUI? Basically, there are four determinations a prosecutor will make to decide whether or not they intend to prove an individual was operating a motor vehicle under the influence.
The first determination, and one of the easiest, is whether or not the person behind the wheel is awake or not. If an individual is asleep it is certainly a factor in whether or not they are in control of a vehicle. Secondly, is the motor running? Then, the location of the vehicle will be looked at and a determination as to how the vehicle arrived at that location will be made. Lastly, the intent of the individual behind the wheel will be taken into consideration when deciding whether or not to bring a DUI charge against an individual.
What could all this mean? Let's say you've been out with friends and had a few drinks and it is also midwinter. You know not to drive while intoxicated but you get into your car and start the engine to keep warm while you wait for, say another friend who is coming to give you a ride home. If an officer walks by, observes you, and decides to question you, what will happen? As you can see, this is all open to interpretation and you need an experienced defense attorney to assist you in keeping your record clean. If you live in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the State of Vermont, and have been arrested or charged with DUI or any crime, call Handy Law for aggressive and experienced legal defense.
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14Jul 2017