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

In West Virginia, a person can be charged with a DUI (Driving Under the Influence) even if they are not driving. This is due to the state’s broad definition of what constitutes “driving”. According to the state’s DUI laws, a person can be charged with a DUI if they are “in actual physical control” of a vehicle. This means that even if a person is simply sitting in the driver’s seat, but not actually operating the vehicle, they can be charged. Additionally, the laws extend to people not even in the car. If a person is outside of the vehicle and is in control of it, such as being in the process of pushing or towing it, they can be charged with a DUI. Furthermore, even if a person is in a stationary car, such as parked, they can still be subject to a DUI charge. This is because the West Virginia DUI laws state that an individual may still be charged with a DUI if their mental or physical faculties are impaired by drugs or alcohol, even if the car is not running. This rule means that a person may be held accountable for a DUI even if they are stopped and parked. In West Virginia, a person can therefore be charged with a DUI even if they are not driving. This is due to the broad definition of “driving” under West Virginia laws, the rule that a person can be charged even if the vehicle is not running, and the fact that the law extends to people who are in control of the vehicle, even if they are outside of it.

Related FAQs

How is fault determined in a drunk driving accident case?
How does a plea bargain work in a drunk driving case?
Is a person's driver's license automatically suspended after a DUI conviction?
Is jail time possible for a drunk driving accident?
Can a person be charged with a DUI if they are not driving?
What type of restitution is available in a drunk driving case?
What are the consequences of violating the terms of an ignition interlock device?
Can a person be charged with a DUI if they are found to be in possession of an open container of alcohol?
Is a suspended license required for a DUI conviction?
Can a DUI conviction be sealed or expunged from a person's criminal record?

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

Related FAQs

Related Blog Posts