Save breaking Bill making it legal to drive drunk at home makes it halfway through Virginia General Assembly, but fails late The Virginia state Capitol, photographed from the Washington Building in Capitol Square in Richmond on Nov. 21. BOB BROWN Save Virginians who want to crack open a beer or two while doing yard work on a riding lawnmower came close to getting a green light from the General Assembly. But drinking and getting behind the wheel in your own yard or driveway could still mean big legal trouble after a House of Delegates subcommittee voted down legislation to put private homes beyond the reach of the state’s drunk-driving laws. The Senate passed the bill 37-3 last month, but lawmakers in the House blocked it Friday after deciding it was too difficult to draw a distinction between the guy calmly drinking beer while listening to the radio in a parked car and the guy doing doughnuts on his front lawn. A House Courts of Justice subcommittee voted 7-0 Friday to kill Senate Bill 308 . House Majority Leader Todd Gilbert, R-Shenandoah, said the bill raised an interesting issue, but it was aimed at a problem that may not be solvable. “Sitting in your driveway with your car running could mean you just got there,” Gilbert said. State law makes it a crime to “drive or operate” a vehicle while drunk, a definition that allows people to be prosecuted, whether the car is moving or stopped. The bill’s sponsor, Sen. Richard Stuart, R-Stafford, said he was trying to create a “narrow protection” to ensure DWI laws aren’t ensnaring people “trying to do the right thing” by not driving drunk on a public street. “You know, this is a tough nut,” Stuart told the subcommittee last week. “I’m trying to protect the person who moves the car in his driveway.” Stuart said he received an email from a Charlottesville man who wisely got a ride home from a bar but was prosecuted for DWI for moving a car in a private driveway.