If you have been arrested even charged with Driving Under the Influence (DUI) but were not actually driving a vehicle, you may be questioning how that is even possible. Surprisingly to many, Kansas law does allow for such charges and arrests. Common scenarios could include:
- Taking a nap or sitting in your car with the keys in the ignition
- Riding as a passenger but helping someone else to steer
- Rolling the car while in neutral
- Driving a few feet and then stopping
“In Kansas, you can get a DUI without actually driving,” said Jonathan W. McConnell, criminal defense attorney and founder of the McConnell Law Firm in Wichita, Kansas. “The courts define DUI as ‘operating or attempting to operate a vehicle while under the influence or with a prohibited Blood Alcohol Concentration (BAC).”
A website published by NOLO, DrivingLaws.org, explains that “operating or attempting to operate” a vehicle includes any “overt act to engage” and does not require movement. In order for you to be convicted, the prosecution would have to prove that you did operate or attempt to operate your vehicle (overt act) while intoxicated. The burden is upon the prosecution to prove this.
We Can Help With Your DUI Arrest or Charge
Whether you believe your DUI arrest or charge was fair or not, every case is different, and no conclusions should be drawn without first consulting an attorney about the specifics of your case.
The McConnell Law Firm is passionate about helping clients with DUI cases. Regardless of where you are at in the process or the details of your case, we may be able to help you seek a better outcome.
We invite you to contact our DUI defense team today for a free consultation. We look forward to helping you!
