We will keep this one short.  Really short.  Must the prosecutor prove that you intended to operate your motor vehicle to convict you of DUI in Virginia?  Nope.

Virginia’s DUI statute was enacted to protect against “what could happen with an intoxicated individual behind the wheel, regardless of whether he intended to be there, turn on the car, or move the vehicle.”  Case v. Virginia, Record No. 2188-12-4 (Va. Ct. App. 2014).  Virginia’s DUI statute accordingly does not incorporate the typical mens rea requirement that the prosecutor must prove the defendant’s intent to commit the criminal act.  Id.  As such, it’s no defense to claim that you weren’t trying to drive.