Operating A Motor Vehicle

What does "operating" a vehicle mean?

“Operating” means the actual, physical control over a motor vehicle that is in motion or has its engine running. 

The car was idling. I wasn't even driving!

If a person is in the driver’s seat of a vehicle that is in motion or even one that has its engine running, they are legally “operating” the vehicle and can be charged with operating while intoxicated.

how do they prove that i was operating the vehicle? 

“Operating” may be proven either by direct (pulled over driving the vehicle) or circumstantial (sitting in the driver’s seat of vehicle that crashed into a ditch) evidence.  In situations where police officers do not have direct evidence of a person driving the vehicle, what someone admits to will often make the difference on whether or not charges are filed.

be careful what you admit  

The usual questions that a suspected driver will be asked are: Where were you coming from?  How did you lose control or how did the accident happen? Were you driving?  Have you had anything to drink since the accident?  The reasoning for these questions is that often times people will unwittingly admit to driving the vehicle at the time of the accident when they would otherwise deny driving if asked directly.   Also, if a person has not consumed any alcohol since the accident the reasonable inference is that they would have been in the same condition if not worse, at the time they were driving. 

invoke your right to remain silent

In these situations it is important for a suspected driver to understand that the constitution provides you the right to remain silent.  Police cannot prove what happened by what you don’t say only what you say.

don't nap behind the wheel

If you need to take a nap or wait for a ride, do so in the back seat or in the passenger seat at the very least.

driver's rights card

Don't leave home without it! Get your Driver's Rights Card now, and keep it with you just in case you ever need it.

Gourley, Rehkemper & Lindholm founded the Driver's Rights Card to protect people's rights if ever they're stopped in Iowa by police for suspicion of operating a motor vehicle while under the influence. Protect your freedom - get the free card.

free initial consultation

If you or someone you care about has been arrested for drunk driving or an intoxication related offense, remember that an arrest is not a conviction; there are many, many reasons why an OWI charge may be wrong. If the driver doesn't believe that he or she was drunk, that very well may be the case; breathalyzers can malfunction. There are also many other reasons for improper drunk driving accusations. We know, we find them all the time.

call Iowa OWI Defenders at 1-888-278-1027

For a free initial consultation, please call the law offices of Attorney Robert Rehkemper and Attorney Matthew Thomas Lindholm at (515) 226-0500, or if you are located outside the local Des Moines, West Des Moines, Iowa area, use our toll free number, (1-888-278-1027).

Send your OWI Arrest Information To An Attorney

You can also send details about your OWI arrest to the attorneys with the CASE SUBMISSION FORM. That form is very handy for after-hours communications, to give the attorneys a head's-up that you will be calling, or to leave a message for one of them to call you back. While arrest and charge information is public, be sure to exclude any confidential information.

prepare for consultation

The attorneys at Gourley, Rehkemper & Lindholm are extremely detail-orientated; they want information from you pertaining to every aspect of your case including your and police actions prior to the police stop, peliminary to your arrest, during arrest and after arrest.

An OWI DUI Questionnaire Form is ready for you to print and complete to prepare for your consultation with an attorney.

Iowa OWI Defenders
contact us today at 1-888-278-1027

Gourley, Rehkemper & Lindholm
IOWA DRUNK DRIVING DEFENSE LAWYERS
303 Locust Street, Suite 200
Des Moines, Iowa 50309

Phone: (515) 226-0500
Toll free: 1-888-278-1027

Get Directions  ::  View Map

You can also get directions and see an enlarged map of the area surrounding the attorneys' offices at 303 Locust Street by clicking on the links above or the words in this paragraph.