Do “Dominion and Control” DUI Laws Incentivize Drunk Driving?

Posted by Jon Ibanez on September 12th, 2016

Despite what some think, drunk driving doesn’t necessarily involve driving. In some states a person can actually be arrested, charged and convicted of drunk driving even when the person didn’t drive their vehicle. Such states have what are called “dominion and control” DUI laws. Under “dominion and control” DUI laws, if a person is intoxicated and have dominion and control of their vehicles with the mere ability to drive, they can be arrested, charged, and convicted of that state’s DUI laws.

Simply put, “dominion and control” DUI laws create the possibility of someone getting arrested, charged, and convicted of a DUI when they’re trying to sober up in their vehicle and have absolutely no intent to drive.

Having said that, the question arises, “Do ‘dominion and control’ DUI laws give people incentive to actually drive drunk?”

This question is currently being asked by law makers in New Jersey.

Steve Carrellas, director or government and public affairs for the New Jersey chapter of the National Motorists Association, considered the repercussions of such a scenario.

“But then they’ll say, ‘Well, I have more of a chance of getting arrested doing the right thing than I do attempting to drive home, so I’m going to drive home.’ What a mixed message,” said Carrellas.

“I think it has to be looked to on a case-by-case basis,” said New Jersey Assemblyman John McKeon.

McKeon says it appears the law needs redefining.

“I’m going to consider it now that this topic is swirling around and there seems to be a lack of consistency. I’m going to do it in an intelligent way, though. We’ll have special hearings in the Legislature and hear what law enforcement has to say, hear what attorneys have to say that specialize in that field and try to come up with something that’s consistent,” he said.

Carrellas and McKeon are right to question the law. Lawmakers, be it the courts or our legislators, have a duty to create laws to deter bad behavior and not punish good behavior. First off, we don’t want to punish people who deliberately attempt to avoid driving drunk by sleeping it off in the car. And we most certainly don’t want to give incentive people to drive drunk.

Fortunately, we here in California don’t have that problem. California is not a “dominion and control” DUI law state. In California, the law requires that a person actually drive a vehicle. In 1991, the California Supreme Court in the case of Mercer v. Department of Motor Vehicles held that the word “drive” in California’s DUI law means that the defendant volitionally and voluntarily moved the vehicle. The court has held that even a “slight movement” is enough to meet the element of driving.

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