Connecticut’s Shockingly Broad Definition of “Operation”

Here’s the hard truth: even if you know you’re intoxicated and pull off the road to a parking lot or stop your car to avoid driving further, you can still be arrested and charged with DUI in Connecticut. You don’t even have to be driving down the road. Simply sitting in your car under the wrong circumstances is considered “operation.”

In my view, that’s a poor policy decision. It punishes people who are actually trying to do the responsible thing and not endanger others by driving further. But it is the law. The Connecticut Appellate Court in State v. Ducatt, 22 Conn. App. 88 (1990) held that “operation” includes taking actions such as inserting the key into the ignition or sitting in a running vehicle, even if the car never moves an inch.

This definition has caught countless people by surprise — and left them facing the same harsh DUI penalties as someone actually caught driving. Let’s break down what this means and how these cases are handled.

What Does “Operation” Mean Under Connecticut Law?

Most people think “driving” and “operating” are the same thing. Under C.G.S. §14-227a, the law makes it illegal to “operate a motor vehicle while under the influence.” Notice that it doesn’t say “drive.”

Connecticut courts have consistently held that “operation” means more than driving down the road. If you’re in the driver’s seat, in control of the car’s mechanics, and have the ability to set the car in motion, that counts as operation.

This broad definition means you can be arrested for DUI by:

• Sitting in a parking lot with the keys in the ignition

• Sleeping it off in the driver’s seat while the engine is running for heat or AC

• Putting the car into accessory mode to listen to the radio

• Moving the car just a few feet in a driveway or lot

Why This Feels Unfair

The intent of the law is clear: to keep intoxicated people from endangering others. But the way it’s applied creates unfair results.

Take this common scenario: someone realizes they’ve had too much to drink, and instead of risking a crash, they pull into a parking lot to “sleep it off.” They keep the car running to stay warm. From a common-sense perspective, they’re trying to do the right thing. Under Connecticut law, though, they’ve just “operated” a vehicle and can be charged with DUI.

That’s why I call this a poor policy choice — it discourages people from making safer decisions. But knowing the law helps you understand the risks.

Case Example from My Practice

Allan F. Friedman, Criminal Lawyer, represented a young man who left a bar in Stamford and wisely decided he was too drunk to drive home. He parked in a grocery store lot and leaned back in his seat. He left the car running because it was cold outside.

Police knocked on his window, smelled alcohol, and arrested him. He was shocked — he never even left the lot. But because the keys were in the ignition and the engine was running, he was charged with DUI under the definition of “operation.”

Fortunately, Allan F. Friedman was able to negotiate entry into the Impaired Driver Intervention Program (IDIP). He had to do substance abuse classes and community service, but the charge was dismissed, and he avoided a criminal record.

Why Police and Prosecutors Take This Seriously

From a law enforcement perspective, the concern is simple: if you’re in the driver’s seat and intoxicated, you’re one decision away from putting the car in gear and driving.

That’s why prosecutors often treat these “non-driving” DUI cases just as seriously as cases involving someone weaving down I-95. The theory is “one turn of the key and the danger is real.”

This doesn’t mean the cases are unwinnable. But it does mean they require a strategic defense and often a strong mitigation package.

Possible Defenses

Even though Connecticut law defines “operation” broadly, every case is unique. Some defenses include:

• Lack of actual control: If the keys were not in the ignition and the car couldn’t be moved, prosecutors may struggle to prove operation

• Location matters: Being in a parking lot or private space can sometimes affect how the case is charged

• Mitigation is key: Even when the law is against you, showing proactive treatment and responsibility can open the door to diversionary programs like IDIP

Frequently Asked Questions

1. Can I sleep in my car after drinking in Connecticut?
Not safely. If you’re in the driver’s seat with the keys nearby, police may consider that operation.

2. What if I’m parked in a parking lot?
Yes, you can still be charged. Courts have ruled that sitting in a vehicle in a public or private lot with the keys in the ignition or engine running qualifies as operation.

3. What if the keys aren’t in the ignition?
That may help, but it’s not a guarantee. Courts have still upheld charges where the driver had immediate control of the car.

4. Can I be arrested if the car never moved?
Yes. Under State v. Ducatt, simply being in a position to operate the vehicle is enough.

5. What if I’m sitting in the passenger seat?
That’s a different story. DUI cases focus on who is in control of the driver’s seat and the vehicle’s ability to be set in motion.

6. Do out-of-state drivers face the same rules?
Yes. If you’re arrested in Connecticut, you’ll be prosecuted under Connecticut law, even if your home state defines “operation” more narrowly.

7. Can these cases still go into IDIP?
Yes. Many non-driving DUI cases are resolved through IDIP if you act quickly and follow recommendations.

8. What should I do if I’m arrested for DUI while not driving?
Stay calm, exercise your right to remain silent, and contact Allan F. Friedman, Criminal Lawyer, immediately.

Bottom Line

You don’t have to be caught behind the wheel on the road to be charged with DUI in Connecticut. State v. Ducatt and other cases make it clear that “operation” includes simply being in control of a parked vehicle.

Is this unfair? In many ways, yes. People who try to avoid driving drunk by pulling over or sleeping in their cars can still end up in handcuffs. But knowing the law — and working with an experienced DUI defense lawyer — can make the difference between a conviction and a second chance.

Call Allan F. Friedman, Criminal Lawyer, Today

If you were arrested for DUI in Connecticut while sitting in your car, don’t assume the case is hopeless. These cases can be defended, and with the right mitigation strategy, you may be able to keep your record clean.

Allan F. Friedman, Criminal Lawyer, has been defending DUI cases in Stamford, Norwalk, Greenwich, Bridgeport, and across Connecticut for more than 30 years. He knows how prosecutors handle these cases, and he knows how to fight them.

📞 Call Allan F. Friedman, Criminal Lawyer, today at (203) 357-5555 or contact me online here for a free consultation.