[VIDEO] Yes! You Can be Charged With VA DUI in Your Garage!

Your vehicle does not have to be on the public roadway in order to be charged with DUI in Virginia. That’s a common misconception and it’s something that you need to be aware of. Contact me today for your VA DUI/DWI case.

Video Transcription

Did you know you can get a DUI in Virginia even if your car is parked in your garage? I’m Andrew Flusche, and let’s talk about how broad Virginia’s DUI law is. Your vehicle does not have to be on the public roadway in order to be charged with DUI in Virginia. That’s a common misconception and it’s something that you need to be aware of.

If your vehicle is parked in a closed garage. If you’re operating it. If you’re under the influence of alcohol you can be charged with DUI in Virginia, it’s as simple as that. You can even be found guilty if the Commonwealth can prove operation and impairment. That’s what they got to prove.

Now, the public roadway is important, and we have other videos that you can look at about that. It’s important for the refusal aspect. It’s important because they cannot make you take the breath test unless you’re on a quote unquote public highway. However, that’s only for the breath test. If you’re stone cold drunk and there’s no question about it that you were impaired and you’re sitting behind the wheel of our car, working on it, or listening to the radio while you’re working out of your garage. You can still be charged and probably convicted of DUI if the Commonwealth has enough other evidence to prove your impairment.

Just because your vehicles not on the roadway does not mean you’re safe from DUI. In other words, if you’ve had anything to drink stay away from your car. Because you can be charged with DUI in Virginia in your garage, in your back yard, even if you had a vehicle in the middle of your house, and there’s no way it could ever get out on the roadway, you can still be charged and convicted of DUI in Virginia. If you’ve had anything to drink stay away from vehicles.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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