This morning attorney Lisa Lanier talked with Chris Kelly and Chris Demm on The Two Guys Named Chris Show on Rock 92, answering the question- CAN YOU GET A DUI or DWI WITHOUT ACTUALLY DRIVING THE CAR? A woman in Minnesota recently fell asleep behind the wheel of her car, keys not in the ignition, sleeping off a drunk and was charged with a DWI. What would happen if the same scenario took place in North Carolina? North Carolina’s DWI laws prohibit not only driving a motor vehicle, but also “operating” one. North Carolina courts have interpreted “operating” to mean simply putting the key in the ignition and activating the electrical equipment, such as the radio, without even turning on the car’s engine. As a result, sitting in your car to listen to the radio or to warm up on a cold night can get you convicted of DWI if you have been drinking. Also North Carolina has historically included a broad definition of the conveyance or vehicle to include a lawnmower, bicycle, even a horse. While driving automobiles are the most obvious way to get a DWI, you can really drive almost anything and be charged with a DWI. The statute defines a vehicle as “every vehicle self-propelled” to run on a highway or public area (G.S. 20-4.01(23), 20-138.1). The courts have defined tractors, mopeds, and golfcarts count as a vehicle and you can be charged with a DWI while driving them. Recently, the North Carolina legislature decided to create an exemption for riding a horse while impaired, even though riding a horse while intoxicated was formerly illegal.
Posted on: Fri, 01 Nov 2013 14:20:34 +0000
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