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

Who can be held responsible for a drunk driving accident?
What are the financial consequences of a drunk driving accident?
How does a plea bargain work in a drunk driving case?
Can a person be charged with a DUI if they are not driving?
What type of settlement can a person expect from a drunk driving lawsuit?
When is a person considered legally intoxicated?
What kind of evidence is typically used to prove liability in a drunk driving case?
Can a person be charged with a DUI if they are not driving?
What are the long-term consequences of a DUI conviction?
Is it possible to get a driving under the influence (DUI) charge reduced?

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

Related FAQs

Related Blog Posts