Legal Definitions - operating a motor vehicle while intoxicated

"Operating a motor vehicle while intoxicated" refers to the act of being in physical control of a car, truck, motorcycle, or any other motorized vehicle when one's mental or physical faculties are significantly impaired by alcohol. This impairment makes it unsafe to operate the vehicle, regardless of whether the vehicle is actually in motion. The key element is being in a position of control over the vehicle while under the influence of alcohol to an intoxicating degree.

• Example 1: A person attends a concert and consumes several alcoholic beverages. Feeling too impaired to drive home, they decide to "sleep it off" in their car, which is parked in the venue's parking lot. They get into the driver's seat, turn the ignition to power the radio and air conditioning, and fall asleep. While the car is stationary, a security guard notices them and calls the police. Upon investigation, officers determine the individual is intoxicated.

  Explanation: This scenario illustrates "operating a motor vehicle while intoxicated" because even though the car was not moving, the individual was in physical control of the vehicle (in the driver's seat, keys in the ignition, engine running for accessories) while clearly impaired by alcohol. Many jurisdictions consider such control sufficient to constitute operating.

• Example 2: After a holiday party, an individual decides to move their car from a friend's driveway to a nearby public street to avoid blocking the driveway. They get into the driver's seat, start the engine, and attempt to back out, but they misjudge the distance and scrape the side of a parked car. A witness observes the incident and calls the police, who determine the driver is intoxicated.

  Explanation: Here, the person was actively attempting to move the vehicle, demonstrating an intent to operate it, and was in physical control while impaired by alcohol. This action, even if the car didn't fully enter the public roadway before the incident, constitutes operating while intoxicated.

• Example 3: A person leaves a bar and gets into their car. They drive a few blocks before being pulled over by a police officer who observed them driving erratically, weaving significantly within their lane. During the traffic stop, the officer notices slurred speech, bloodshot eyes, and a strong odor of alcohol emanating from the driver. Field sobriety tests confirm the driver's impairment, and a breathalyzer test shows a blood alcohol content (BAC) above the legal limit.

  Explanation: This is a classic example where the individual was actively driving (a form of operating) a motor vehicle on a public road while their ability to do so safely was compromised by alcohol intoxication, as evidenced by their erratic driving and subsequent sobriety test results.