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Can You Get a DUI in Kansas for Sleeping in Your Vehicle?

After you have enjoyed a night out with friends, you may join the group of people who decides to take a short nap in their car to prevent drunk driving. While this may seem like a great idea at the time, police officers don’t agree.

In Kansas, a DUI is the operation or the attempt to operate a vehicle while above the legal BAC of 0.08%. To “operate” a vehicle, it must be in motion. However, “attempting to operate” a vehicle means trying to move it but failing or not doing so.

With that in mind, in Kansas, it is possible to be arrested for DUI if all you are doing is sitting in your vehicle with the heater, AC, or radio on. Even when you have the ignition turned off, you may still be arrested and face charges for a DUI, especially if you have the keys in the ignition – this is often considered as “attempting” to drive.

DUI When You Aren’t Driving – What to Know

You may be wondering how it is possible to get a DUI if you aren’t driving. Unfortunately, this is a situation that occurs much more often than you think. If an officer sees someone in their vehicle, even if it isn’t in motion, they will determine that the person has the intent to drive, which means they can be cited for a DUI.

Usually, DUI charges that don’t involve actual driving or movement occur during the late night or early morning hours. They also typically occur at nightclubs, bars, fast food restaurants, and even private property, such as apartment complexes. Many people opt not to drink and drive and sincerely believe they are doing the right thing by sleeping it off while in their vehicle.

Reasons for a DUI While Vehicle is Parked

There are several reasons an officer may decide that a person should be cited for a DUI when they are parked in their car. These include:

  • The appearance of the intent to drive
  • Car keys in the ignition
  • Sleeping in the driver’s seat

Unfortunately, these are all situations that happen and do happen throughout Kansas.

Create a Defense for “DUI When Parked” Cases

The best defense you can use for this situation is to review the information. Hiring an attorney is the best way to help you build a defense that will help you fight the charges you are facing.

Some of the recommended legal defenses that work for DUI cases are complex, but with the right attorney, a positive outcome for these cases can be achieved. The attorney you hire will know which legal tactic has the best chance of having the charges against you reduced or dismissed altogether. If you are convicted of a DUI while your car is parked, you face the same consequences that a regular DUI holds, which is why it is so important to put time and effort into finding an attorney for assistance and developing a defense that will be beneficial.

If you are looking for an experienced lawyer in Kansas City to handle your DUI charge,  contact Kitchin Law Firm today.


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