Can a person be charged with a DUI if they are not driving?

Yes, a person can be charged with Driving Under the Influence (DUI) even if they are not behind the wheel in Oregon. This is because the State of Oregon strictly prohibits “operating” a vehicle while under the influence of alcohol or drugs. Operating includes any intentional or voluntary act—not necessarily driving—which causes a vehicle to move. For example, if a person is sitting in a parked car with the keys in the ignition and their blood alcohol concentration (BAC) is over the legal limit of 0.08%, they could still be charged with DUI. Similarly, they could be arrested for DUI if they are found to be in actual physical control of a vehicle, even if the vehicle is not in motion. In Oregon, a DUI can also be charged as a felony if a driver causes an accident that results in serious physical injury or death. Depending on the level of intoxication, a driver may also face additional charges such as reckless driving or vehicular homicide. In this case, the driver can be held responsible for the actions that led to the accident and the resulting injuries regardless of whether or not they were the one behind the wheel. Overall, a person in Oregon can be charged with DUI even if they are not driving. It is important to understand and abide by Oregon’s laws to ensure the safety of you and everyone around you on the roads.

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Can a person be charged with a DUI if they are not driving?

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