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What Is The Difference Between "driving" And "operating"?

An experienced attorney will also examine whether it can be argued that you were not "driving" the vehicle prior to your arrest. Some states use the word "driving" in their statutes and others use the word "operating." While the definition of what constitutes "driving" a motor vehicle is more broadly interpreted than the definition of what is found to constitute "operating" a motor vehicle, in the appropriate situations, this element of the charge against you may be challenged. Often times, just sitting behind the wheel of a running vehicle will constitute "driving" or "operating" a vehicle. If, however, you were unconscious behind the wheel of a car with a running engine, there is an argument that you were not "driving" or "operating" the vehicle while intoxicated. On the other hand, even in cases where a person is found sleeping in the car with the keys in the ignition, courts have found this to constitute "operating" a vehicle or being in the "physical control" of a vehicle. Some jurisdictions have been especially stern, finding that DUI statutes are meant to prevent drunk drivers from getting into cars, except as a passenger. Further, there is a good argument that can be made that you were not "operating" a vehicle, which was in fact inoperable prior to your arrest. Moreover, the prosecution should be forced to prove that you were actually the individual driving the vehicle.

Other New York Drunk Driving Defense FAQs

  • Q: What Is Dwi?
    A: In New York, the law is getting increasingly more strict with individuals convicted of drunk driving. If you have just been arrested for Driving While Intoxicated … More
  • Q: What Is The Drunk Driving Law In New York?
    A: New York State DWI Law is governed by section 1192 of the Vehicle and Traffic Law. Section 1192­3 addresses the "common law" theory of DWI based on the police … More
  • Q: What Are The Penalties For Felony Dwi?
    A: A person charged with DWI who has a prior DWI conviction within 10 years faces felony DWI charges which carries a potential maximum jail sentence of up to 4 years.
  • Q: What Are The Elements Of Dwi?
    A: The critical elements of a DWI conviction are as follows: driving or operating a motor vehicle on a road or highway while having a Blood Alcohol Content (BAC) … More
  • Q: What Is "bac"?
    A: A DWI conviction depends on a test of your Blood Alcohol Content. Unfortunately, often times a person is not even the slightest bit aware of what his or her BAC is … More
  • Q: How Is Bac Tested?
    A: Your BAC will be tested either through a Breathalyzer test, urine test or direct withdrawal of your blood. Although you may not have the right to dictate the terms of … More
  • Q: What If I Was Not Driving On A Roadway?
    A: Your attorney may also raise the argument that you were not driving a "motorized vehicle" as intended by the applicable laws in your state. For example, although … More
  • Q: Can I Refuse To Take A Test?
    A: There is no constitutional right to refuse a breath or chemical test to determine the level of alcohol in your body. You are deemed to consent just by the act of … More
  • Q: What If I Refuse To Take A Test?
    A: Refusing to take the test has its consequences: your license can be revoked merely for the refusal (even if you're perfectly sober); your refusal may be admissible as … More
  • Q: Are There Times When I Should Not Take A Test?
    A: If you were involved in a serious accident or have prior drunk driving arrests, it may be advisable not to take the test and endure the revocation rather than provide … More
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