News & Insights

Washington DC has strict laws regarding driving under the influence (DUI), and understanding the specific definitions within those laws is crucial for anyone facing DUI charges. This blog post will delve into the DC Code, specifically focusing on what constitutes “operation” of a vehicle as defined by the statute, and how this impacts DUI charges.

Understanding the Statute: DC Code § 50-2206.11

DC Code § 50-2206.11 outlines the specific offenses related to driving under the influence of alcohol or drugs. The statute defines DUI in two ways:

1. Driving or Operating a Vehicle While Under the Influence of Alcohol: This refers to the act of driving or operating a motor vehicle while under the influence of alcohol, to the extent that the driver’s ability to drive safely is impaired.
2. Driving or Operating a Vehicle While Under the Influence of Drugs: This refers to the act of driving or operating a motor vehicle while under the influence of any drug, to the extent that the driver’s ability to drive safely is impaired.

The Crucial Element: “Operation”

The DC Code doesn’t explicitly define “operation” when it comes to DUI, but the courts have established specific guidelines. A DC DUI attorney can help explain how “operation” in the context of DUI goes beyond simply driving a vehicle. It includes any action that demonstrates the driver has a degree of control over the vehicle, even if the vehicle is not in motion.

What Actions Can Be Considered “Operation”?

The courts have held that the following actions can be considered “operation” for the purposes of a DUI charge:

• Starting the Engine: Even if the vehicle remains parked, starting the engine and putting the vehicle into gear can be considered operation.
• Turning the Steering Wheel: Any action that demonstrates control over the vehicle’s direction can be considered operation.
• Applying the Brakes: Engaging the brakes, even if the vehicle is not in motion, can be seen as an act of operation.
• Being Behind the Wheel: Even if the engine is off and the vehicle is stationary, being behind the wheel with the intent to drive can be considered operation.
• Sleeping Behind the Wheel: If the driver is asleep behind the wheel of a vehicle that is parked or stopped, this can be considered operation, as it demonstrates the driver’s intent to drive at some point.
• Having the keys in your pocket and the vehicle is off: The DC Court of Appeals has found that a person can be in operation of their vehicle even if their keys are in their pocket and the vehicle is off. As insane as this sounds – a DC DUI Lawyer can help explain this upside down law.

The Impact of “Operation” on DUI Charges in DC

The concept of “operation” is critical for DUI charges in DC. Even if the vehicle is not in motion, actions that demonstrate a degree of control over the vehicle can lead to a DUI charge. This means that you can be charged with DUI even if you were not actively driving the vehicle.

Why Seeking Legal Guidance is Essential

If you’ve been charged with DUI in DC, understanding the nuances of the law, including the definition of “operation,” is essential to building a strong defense. A skilled DC criminal defense lawyer can help you:

• Analyze the Specific Circumstances of Your Case: Your attorney will carefully review the facts of your case, including the specific actions you took, and evaluate how they relate to the definition of “operation.”
• Challenge the Prosecution’s Case: A DC DUI defense lawyer can challenge the prosecution’s case by arguing that your actions did not constitute “operation” as defined by the law.
• Develop a Strong Defense: Your attorney can present a compelling defense strategy, taking into account the specific circumstances of your case and the available legal arguments.
• Negotiate a Favorable Outcome: Your attorney can work to negotiate a favorable outcome, potentially reducing charges or penalties.

Monument Legal Will Help With Your DC DUI

If you are facing DUI charges in Washington DC, contact Monument Legal for a free consultation. Our experienced attorneys are ready to guide you through the legal process and advocate for your rights.

Contact our DC criminal defense lawyers today to discuss the best defense for your DUI charge.