Driving While Intoxicated (DWI) Without Actually Driving

Benjamin C. Wolf, Hofstra University

Abstract

Each state has its own Driving Under the Influence (DUI) or Driving While Intoxicated (”DWI”) statute, each of which may define the elements of the crime differently. For example, in New York, pursuant to the Vehicle and Traffic Law, one may be convicted of a DWI, a very serious criminal offense, if he “operate[s] a motor vehicle” while legally intoxicated. The question is: What does it mean to “operate a motor vehicle”? Does merely turning on the engine violate the statute? Can you be arrested for walking toward your car? What if you sit in the car with the keys in your pocket?