When you or a loved one face DUI charges, you may wonder what constitutes “driving” under Kansas state law. This blog delves more into the definition of driving, including what it means to operate a vehicle and the intent to move it. Additionally, it discusses whether a passenger can be charged with DUI and where a DUI can occur other than on the road.
What Is Considered “Driving” in Kansas?
In Kansas, driving means that the person behind the wheel of the vehicle attempts to operate it. For example, if someone starts their car to turn on the heater and falls asleep without attempting to move it, that is not considered driving. But if the person has their foot on the brake and the car is in reverse, that is considered driving. Ultimately, there has to be an attempt to move the vehicle from Point A to Point B for a person to be considered driving under state law.
Can a Passenger Be Charged with DUI?
Without a clear driver, charging a passenger with DUI can be challenging. In some cases, prosecutors may charge everyone in the vehicle and let a jury decide. However, unless a person is in the passenger’s seat with no one else in the car, the passenger will not likely be charged with DUI.
Where Can a DUI Occur?
When it comes to where DUIs can occur, the law is fairly broad. While most traffic offenses happen exclusively on a road or highway in Kansas, DUI is not one of them. This means someone could potentially be charged with DUI in a parking lot, driveway, or even a golf course.
DUIs in Manhattan commonly occur in areas with high concentrations of college students, such as the Aggieville area. Because of this, local law enforcement officers frequently patrol around the university and other places where drinking is common.
Contact an Experienced DUI Defense Attorney
By understanding what constitutes “driving,” you are better equipped to make informed decisions behind the wheel and avoid potentially devastating legal consequences. However, if you or a loved one is facing DUI charges, it is crucial to seek legal representation immediately.
Reach out to a seasoned defense attorney at Addair Law today who can guide you through the legal process and fight for your rights.