Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

Can Henry be charged with DUI based on the circumstances described?

1. Yes, she was sleeping in the passenger seat

2. No, she was in her driveway

3. Yes, she was in control of the vehicle

4. No, the keys were not in the ignition

The correct answer is: Yes, she was in control of the vehicle

The correct choice is based on the principle of "constructive control" over the vehicle, which is a key factor in DUI cases. In many jurisdictions, including Virginia, a person can be charged with DUI if they are found to be in control of a vehicle while under the influence of alcohol or drugs, even if they are not actively driving. In this scenario, if Henry was in the driver's seat of the vehicle and under the influence of intoxicants, this signifies that he had the ability to operate the vehicle, regardless of whether the vehicle was moving or not. The idea is that being in control, combined with the capacity to drive, constitutes sufficient grounds for a DUI charge. Factors like whether Henry was in the passenger seat or if the vehicle was in a driveway are irrelevant to the charge if he maintains control while impaired. Lastly, the location of the keys can also be a variable, but many legal interpretations affirm that the presence of a person who has the capacity to drive, even if the keys are not in the ignition, supports a DUI charge.