A Key In The Ignition Is Enough For A DUI Conviction In Virginia

The Supreme Court of Virginia recently affirmed an appeal of a lower court’s decision involving a DUI conviction that was issued even though the motor of the defendant’s vehicle was not turned on. As a result of the court’s decision, David Nelson, the defendant in the case, will be required to serve one year in prison and pay a $1,000 fine.

On September 2, 2007, Nelson was found sleeping in his truck by a Fairfax County police officer. The officer noticed that Nelson’s key was placed in the ignition and turned to the “accessory” position, which allowed battery power to flow to the radio and other electrical devices located within the vehicle. The motor of the vehicle was not running.

The Fairfax County officer removed the key from Nelson’s ignition and proceeded to coax the defendant awake. The officer reported that Nelson’s appearance was disheveled and that he smelled like alcohol. Nelson was asked to perform numerous field sobriety tests and he failed most of them. After a blood test, Nelson’s BAC was determined to be .4 which is approximately five times the legal limit.

 The Virginia Circuit Court, the Virginia Court of Appeals and the Supreme Court of Virginia found Nelson guilty of a DUI offense. The courts’ decisions were made on the basis of Section 18.2 of the Virginia Code referring to operating a motor vehicle while intoxicated. In the court’s opinion, Nelson’s action of turning the key to the accessory position was “an action taken in sequence up to the point of activation, making Nelson an operator of the vehicle within the meaning of the Virginia Code.”