"Operating" not only includes the process of moving the vehicle from one place to another, but also includes starting the engine, or manipulating the mechanical or electrical equipment of the vehicle without actually putting the car in motion.  It means engaging the machinery of the motor vehicle which alone, or in sequence, will activate the motive power of the vehicle.  It also includes anyone who drives or is in actual physical control of a motor vehicle.

This broad definition, which was established by the Virginia Supreme Court in the 1964 case of Gallagher v. Commonwealth, 205 Va. 666, permits Virginia courts to find you guilty of DWI/DUI if (in case you are wondering, these are examples taken from REAL cases):

-your car is running, but still in park;

-you are sleeping in your car while the engine is on;

-starting your car and sitting in the passenger seat while waiting for your driver to get in the car;

-sitting at steering wheel of car stuck in ditch with motor running;

-"slumped" over steering wheel of inoperable vehicle with motor running;

-"slumped" over steering wheel of vehicle stopped in parking lot with motor running;

-found behind steering wheel of wrecked vehicle which had collided with another;

-an infinite number of other possibilities!

In Virginia, the bottom line is that you should not put the keys in the ignition of a motor vehicle after having consumed alcohol or drugs.  Otherwise, you face the prospect of being charged with DWI/DUI, incurring legal fees and having a permanent criminal record.  If you have been charged with a serious traffic offense in Virginia and need an experienced attorney to handle your defense, then contact us for information and zealous representation.