Q: Can I get a DUI without being in a vehicle?
I received a DUI charge while not in a car, prompted by a hospital's statement that I was operating under the influence. They had the police review cameras for evidence. My license has been suspended, and the case is pending. Can I get a DUI without being in a vehicle in this scenario, and what should I do?
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A:
That’s a confusing and stressful situation, and you’re not alone in wondering how this can happen. In Kansas, you can be charged with DUI if there is enough evidence that you were **operating or attempting to operate** a vehicle while under the influence—even if police didn’t find you behind the wheel at the time of arrest. Video footage, witness statements, or hospital reports can be used to connect you to the act of driving while impaired.
The fact that your license has already been suspended suggests that the **administrative process** through the Department of Revenue has moved forward based on what they believe is sufficient evidence. This process is separate from the criminal case, and it doesn’t require a conviction—just a preponderance of evidence. If the police were able to view hospital or traffic footage showing you had been driving under the influence, they may believe they have enough to charge you, even after the fact.
What you do next matters. Request all available evidence in your case, including the footage and hospital statements. If you haven’t already, request a hearing to contest your license suspension if the window is still open. This is a tough moment, but facing it directly gives you the best chance of moving forward with clarity and control.
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