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

In Kansas, a person can be charged with a DUI (Driving Under the Influence) even if they are not driving. This is known as OWI (Operating While Intoxicated). A DUI is a criminal offense and is punishable by law. In order to be charged with a DUI in Kansas, a person must be considered to have been in “actual physical control” of a vehicle while under the influence of drugs or alcohol. This means they must have had the means and opportunity to operate the vehicle while under the influence. For example, if a person has the keys to the vehicle and is sitting in the driver’s seat of an unlocked vehicle, then they may be charged with a DUI. It is also possible to be charged with a DUI if a person is found to be in a parked car and believed to be in the process of driving the vehicle. In this case, the prosecutor may argue that the person was planning to drive the vehicle and was interrupted by law enforcement. It is important to note that in Kansas, some DUI charges may be reduced to a lesser charge if the person is found not to have been in “actual physical control” of the vehicle. This is a difficult burden of proof to meet, and for that reason it is wise to have an experienced DUI defense lawyer on your side.

Related FAQs

What is the difference between a first-time and a repeat DUI offense?
Is there a difference between a DUI and a DWI?
How long does a DUI conviction stay on a person's criminal record?
What are the consequences of a second or subsequent drunk driving conviction?
Is jail time possible for a drunk driving accident?
What types of evidence are used to prove liability in a drunk driving accident?
Are there any other legal consequences of a DUI conviction besides jail time and license suspension?
What is "implied consent" and how does it affect a DUI charge?
How much insurance should a person carry in the event of a drunk driving accident?
What are the criminal penalties for drunk driving?

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

Related FAQs

Related Blog Posts