DUIs: What Does It Mean To Drive?

To prove that a person is guilty of most driving under the influence offenses, the prosecution must prove that: 1.) The defendant drove a vehicle; and 2.) When the person drove, the defendant was under the influence of an alcoholic beverage. This question sometimes comes up: what does it mean to drive a motor vehicle? Well, driving in the context of DUIs has a specific legal meaning that has been interpreted by courts over time.

Below are some interesting cases over the years. Keep in mind that some of the cases I’m including are decades old, and that legal interpretations and definitions are subject to change. Also, laws can be amended over time or repealed altogether. That being so, this information should not be construed as legal advice. If you have questions specific to your case and whether or not you “drove” in a DUI case, feel free to contact me and schedule a free 30-minute consultation at my office in Chico.

A person drives a vehicle when he or she intentionally causes it to move by exercising actual physical control over it. The person must cause the vehicle to move, but the movement may be slight (See CALCRIM 2241.)

In People v. Hernandez (1990) 219 Cal.App.3d 1177, 1184, the court held that the defendant was “driving” because he was “seated in the driver’s seat steering or controlling the truck while it was still moving, even though the engine was no longer running.” (See People v. Jordan (1977) 75 Cal.App.3d.)

In In re Queen T. (1993) 14 Cal.App.4th 1143, 1145, the court held that the minor was “driving” when she steered the vehicle, even though someone else was sitting in the driver’s seat operating the accelerator and brake.

In People v. Kelley (1937) 27 Cal.App.2d Supp. 771, 773, the court held that the defendant was not “driving” when he got in the driver’s seat and steered a disabled vehicle, moving it four or five feet to a safe location following an accident. The court specifically stated that its holding was based on the unique facts of the case and that it was not attempting to “give a definition to the word ‘drive.’”

The term “drive” within the meaning of Veh C § 23152(a) (driving under the influence) includes the situation where an intoxicated individual actively asserts control over a vehicle and takes every step necessary to resume travel along the public road. Thus as a matter of law, a woman “drove” her vehicle in the presence of an arresting officer and her arrest for driving while intoxicated was lawful, where the evidence was undisputed that the officer found the woman sleeping in the driver’s seat of her vehicle with the motor running and lights on, the vehicle was parked facing the wrong direction in a traffic lane, and when the woman awoke she briefly spoke to the officer and then affirmatively placed the vehicle’s transmission into drive, which caused the car to move forward several inches (Henslee v. Department of Motor Vehicles (1985), 168 Cal.App.3d 445.)

The phrase, “to drive vehicle,” which in everyday usage is understood as requiring evidence of volitional movement of a vehicle, must be so construed, and not in the wider sense of “to operate a vehicle.” (Mercer v. Department of Motor Vehicles (1991), 53 Cal.3d 753.)

So the takeaway is that volitional movement is the key to proving the “driving” in driving under the influence cases. Again, if you’ve been arrested or charged with DUI in the North State, contact the Davis W. Hewitt Law Office to schedule a free 30-minute consultation.