What qualifies as "operating" while intoxicated?
To be convicted of Operating while Intoxicated, the State must prove that you were operating a vehicle. Under Indiana law, “Operate” means to navigate or otherwise be in actual physical control of a vehicle.
Factors that may be examined to determine whether a person has operated a vehicle include:
- The location of the vehicle when it is discovered;
- Whether the vehicle was moving when discovered;
- Any evidence indicating that the defendant was observed operating a vehicle before he was discovered; and
- The position of the transmission.
In addition to these four factors, any evidence that leads to a reasonable inference of operating can be considered. For instance, the car keys being found in the defendant’s pocket supported a finding of operating in a recent appellate case.
With over 38 years of handling thousands of criminal cases, Steven Knecht is familiar with the possible defenses to operating while intoxicated offenses and other criminal charges. If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.