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

Yes, a person can be charged with a DUI in West Virginia even if they are not driving. According to the West Virginia State Code, “A person is guilty of driving under the influence (DUI) if the person is guilty of operating or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor, a controlled substance, or any other drug or any combination thereof.” This means that a person does not have to be behind the wheel of a vehicle in order to be charged with a DUI. Under West Virginia law, a person can be charged with a DUI if they are found to be in “actual physical control” of a motor vehicle. This means that a person does not necessarily have to be driving the vehicle in order to be charged with a DUI. For instance, if a person is sitting in the driver’s seat of a car with the keys in the ignition, they could be charged with a DUI, even if the vehicle is not moving. In addition, a person can be held liable for a DUI if they are found to be a proximate cause of a drunk driving accident, even if they are not the person physically driving the vehicle during the accident. This means that a person can be held responsible for a drunk driving accident, even if they allowed someone else to drive their vehicle while intoxicated. In that situation, the person who allowed the driver to use the vehicle while intoxicated could be held liable for the accident and charged with a DUI.

Related FAQs

What are the criminal penalties for drunk driving?
Can a person be charged with a DUI even if their blood alcohol concentration (BAC) is below the legal limit?
What does an attorney do when handling a drunk driving accident case?
Are there any alternatives to a criminal DUI conviction?
How can a person challenge the results of a sobriety test?
Who can be held responsible for a drunk driving accident?
Is a suspended license required for a DUI conviction?
What is the difference between a criminal and civil drunk driving case?
Is a person's driver's license automatically suspended after a DUI conviction?
Is it possible to get compensation for lost wages due to a drunk driving accident?

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

Related FAQs

Related Blog Posts