What is “Driving” for Purposes of a DWI
Driving under the Missouri DWI Law?
Missouri Revised Statue 577.010 states that “A person commits the crime of “driving while intoxicated” if he operates a motor vehicle while in an intoxicated or drugged condition.” Interestingly, the crime is of “driving while intoxicated” is defined as “operating” a motor vehicle while intoxicated or drugged, not by “driving”. So what does “operating” mean?
Missouri Caselaw states that “Operating” is a broad term which the General Assembly did not define by statute; and the court goes on to state that “the General Assembly prompts us to apply the plain and ordinary meaning of the term which can be–and has been–defined quite broadly. ” So while you may not be actually “driving” a car, you can still be cited for DWI and the court will have to decide if you were “operating” the vehicle, based on the particular facts of the case.
By: Bill Floodman