Can a person be charged with a DUI if they are not driving?
Yes, a person in South Carolina can be charged with a DUI, even if they are not driving. It is illegal in South Carolina for a person to be in actual physical control of a vehicle while under the influence of drugs or alcohol, even if they are not driving. If the person has the keys to the vehicle and is not driving, they are considered to be in actual physical control of it. The actual physical control law also applies even if the vehicle is not running, parked, or even on. The law also applies to vessels and all types of vehicles, such as airplanes, boats, and ATVs. If a person is found to be in actual physical control of a vehicle while under the influence of drugs or alcohol, the person may be charged with a DUI. In order to be charged with a DUI in South Carolina, there must be evidence that the person was driving the vehicle, or in actual physical control of it. If the person is found to be in actual physical control of the vehicle, even if they are not driving, they can be arrested and charged with a DUI. It is important to remember that in South Carolina, a person can be charged with a DUI even if they are not driving.
Related FAQs
What are the consequences of a second or subsequent drunk driving conviction?What are the penalties for an open container violation?
What is "negligence per se" in the context of drunk driving law?
What type of restitution is available for a drunk driving accident victim?
What is the process for filing a drunk driving accident claim?
What is an "aggravated DUI" and what are the consequences?
What kind of compensation is available for victims of drunk drivers?
Who can be held responsible for a drunk driving accident?
What is a drunk driving accident?
Can a DUI conviction be expunged from my record?
Related Blog Posts
Can a First-Time Drunk Driver Avoid Jail Time? - July 31, 2023How to Handle Insurance Companies After a Drunk Driving Accident - August 7, 2023
What Are the Possible Penalties for a Drunk Driving Accident? - August 14, 2023
A Guide to Hiring an Attorney for a Drunk Driving Accident - August 21, 2023
How to Prove Negligence in a Drunk Driving Accident - August 28, 2023