5 Not-So-Obvious DUI Offenses You Should Be Cautious Of | Wichita DUI Attorney

Driving Under the Influence (DUI) is a serious offense in every state, and Kansas is no exception. While most people are aware of the traditional DUI offenses, such as driving a vehicle with a blood alcohol concentration (BAC) above the legal limit (.08 in Kansas), there are several lesser-known DUI offenses that you should be cautious of in the Sunflower State. Our Wichita DUI attorneys at the McConnell Law Firm are exploring five not-so-obvious DUI offenses you need to know about. Keep reading to learn more!

Riding a Bicycle

Most people associate DUI charges with motor vehicle incidents, but in Kansas, you can also face charges for riding a bicycle under the influence. While Kansas statutes may not specifically prohibit riding a bicycle under the influence, many cities within Kansas have ordinances that prohibit impaired bicycle riding and punish offenders with the same or similar consequences to a DUI with a car. If you’re caught riding a bicycle with a BAC over the legal limit, you can face fines and jail time.

Taking Prescription Medications

It’s not just alcohol that can lead to a DUI in Kansas. Driving under the influence of prescription medications can also result in DUI charges if it impairs your ability to drive safely. Many prescription drugs, especially those that cause drowsiness or impairment, can lead to a DUI if they affect your motor skills. Always follow your doctor’s advice and all prescription instructions; if you are unsure about the specific effects of your medication and how it may react in your system, consult with your healthcare provider before operating a vehicle.

Having Open Containers

In Kansas, it is illegal to have an open container of alcohol in the passenger area of a vehicle. Even if you are not actively drinking, having a half-empty bottle of wine or an open beer can in your car can be used as evidence to support DUI charges. This is why it’s essential to keep alcoholic beverages sealed, only transport unopened bottles, and keep them out of reach while driving.

Riding a Horse

Kansas has a rich history of equestrian activities, and for some, riding a horse may be a preferred mode of transportation, especially in rural areas. However, one area of the law that is not entirely clear is whether Kansas law would consider a horse a “vehicle.” Since the definition of a vehicle is broad and arguably could include a horse, it’s best to avoid riding a horse while under the influence to avoid facing the same or similar legal consequences as someone driving a car while drunk.

Being Intoxicated While Parked

You might think that if you’re sitting in your car, keys in the ignition, but not moving, you’re safe from a DUI. However, Kansas law is clear on this matter. If you have control of the vehicle and the keys are within reach, you can still be charged with a DUI, even if the car is not in motion. In such instances, it is difficult for law enforcement to determine how you arrived at your current location and whether you previously drove intoxicated before parking. Any operation of a motor vehicle or attempted operation can lead to a DUI charge, so it’s best to sleep off a night of drinking away from your car before returning to get it the next day!

Have You Been Accused?

If you have been charged with a DUI, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a Wichita DUI attorney about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.