It may seem obvious that to be charged with Driving Under the Influence (DUI), you would need to actually be driving. However, there are circumstances under which you could be charged without having driven a car at all. According to the legal library website, DrivingLaws.org, the grounds for a DUI charge revolve around someone “operating or attempting to operate” a vehicle under the influence.
“While it’s rare, it is possible to be charged with a DUI as a passenger under specific circumstances,” said Jonathan W. McConnell, lead DUI attorney at the McConnell Law Firm.
One such circumstance is riding in a passenger seat but taking the wheel or helping someone steer while your blood alcohol concentration (BAC) is over the legal limit.
“Because Kansas law requires an ‘overt act to engage,’ the prosecution would need to prove that you took the wheel as a passenger,” McConnell said.
Are You Looking For A Wichita DUI Attorney?
Although passenger DUI cases are rare, DUI attorney Jonathan W. McConnell worked on such a case early in his career as an Assistant District Attorney in the Wichita area. That gives him a unique advantage in these cases.
It’s important to remember that every case is different, and no conclusions should be drawn without a legal consultation to discuss the specifics of your case. If you’ve been accused of or charged with a DUI as a passenger in the Wichita area, contact the McConnell Law Firm. We will fight for you, regardless of where you are in the legal process.
Please contact the DUI attorneys at the McConnell Law Firm, P.A., at (316) 243-5903 for a free consultation. We look forward to helping you!
