It’s a warm night, and everyone’s leaving the party after a few drinks. Someone walks to their car, gets in, and turns on the radio. At that point, they realize they’re in no shape to drive, so they try to “sleep it off”. Before they know it, though, a local police officer is charging them with DUI. How can someone be charged with DUI when they weren’t driving?
Unfortunately, such scenarios are far too common. Under Kansas state law, a person can be charged with driving under the influence if they’re in the driver’s seat and the keys are in the ignition –even if there’s no proof that the car was moved. A person only has to be in control of and capable of moving the vehicle to face DUI charges. As a DUI defense lawyer in Manhattan, KS will say in these cases, a conviction is another matter. Read on to learn more about these difficult-to-prove cases.
What Constitutes Driving Under Kansas State Law?
These acts are all considered “driving” in the state of Kansas:
- Steering for a driver while riding in the passenger’s seat
- Rolling the vehicle in neutral with the engine off
- Driving or backing up for several feet before coming to a stop
It’s crucial to note that in the state’s DUI cases, a person doesn’t have to prove that they weren’t driving at the time of apprehension. If someone makes such a claim, the prosecutor has the burden of proof. When a driver finds themselves in this situation, they should retain the services of a DUI defense lawyer in Manhattan, KS as quickly as possible to minimize the chances of a conviction.
Rely on a Local Lawyer for a Vigorous Defense Against DUI Charges
DUI cases are quite complex, and they’re even more complicated when a person has been accused of the crime when they weren’t actually driving. At, the team has fought to defend suspects’ rights for years and they will provide the aggressive legal defense needed for a DUI case. Visit to learn more about the firm’s practice areas or call today to schedule a consultation. You can also follow them on Twitter for latest news and update!