Legal Question in DUI Law in Kansas

If you're asking whether one can avoid DUI charges by pulling over and sleeping it off, the answer is: it depends. In Kansas, you can be charged with DUI even if the arresting officer did not actually see you driving. The focus of the law is its prohibition on 'operating' while intoxicated. 'Operating' essentially means an ability to control a motor vehicle, and is judged by the totality of the circumstances. For example, a driver who is found asleep slumped over the wheel with the engine idling is likely to be convicted. One who is asleep in the back seat with the keys in his pocket and the engine cold may walk. I would need to know more details to give a better answer. Feel free to contact me if you have additional details.

Sean Santoro/Licensed in KS and MO