10Oct 2017

What Does "Operation" Mean In Relation to DUI?

Everyone thinks that in order to be charged with a DUI the classic situation has to arise when an officer observes a driver acting erratically, or causing an accident, and asks the driver to please step out of the vehicle. However, in many states, this is simply not the case.

In New Jersey, for example, the definition of "operation" is so broad that the police can apply it to a wide range of circumstances. Let's say you pulled over to the side of the road realizing you were too intoxicated to drive. You doze off and a few minutes later an officer spots your car and wakes you up. Even though you are not technically driving the car, the officer can infer that you were operating the car sometime before and you were intoxicated.

Other examples can be found. Another case would be that even though the driver is not in the driver's seat, the car is running and the driver is still in the car. In many states, this would constitute operation of a motor vehicle. 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.