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
What is the difference between a criminal and civil drunk driving case?How is the amount of a drunk driving restitution determined?
Can a person be legally intoxicated even if they haven't been drinking?
What is the difference between a "zero tolerance" law and a "felony DUI" law?
Can a person be charged with a DUI if they are not driving?
Is it possible to get compensation for lost wages due to a drunk driving accident?
What types of evidence are used to prove liability in a drunk driving accident?
What are the legal consequences of a drunk driving violation?
Is there a difference between a DUI and a DWI?
How can I find a qualified attorney for my drunk driving case?
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