CAN I GET A DWI IN MISSOURI IF I WASN’T DRIVING?

Most people think a DUI (or DWI, as it’s called in Missouri) only applies if you were actually caught driving a vehicle while intoxicated. But under Missouri law, that’s not always the case.

In fact, you can be arrested and charged with DWI in Missouri even if the vehicle wasn’t moving…or even if you were asleep in the driver’s seat.

At KC Defense Counsel, our expert Kansas City DUI/DWI attorneys near me in Missouri often get calls from clients across Kansas City who are shocked to find themselves facing DWI charges even though they never put the car in gear.

Facing a DWI charge in Missouri? Let us help. Give us a call and set up a free case evaluation so we can break down your case and help you build a defense so we can fight it.

MISSOURI’S DWI LAW EXPLAINED

Under Missouri Revised Statutes § 577.010, a person commits a DWI if they are:

“in an intoxicated condition and operating a motor vehicle.”

But here’s the key: “operating” a motor vehicle doesn’t just mean driving.

Missouri courts interpret “operating” to include having actual physical control of the vehicle while intoxicated.

That means you don’t have to be driving down the road to get charged.

WHAT IS CONSIDERED “ACTUAL PHYSICAL CONTROL” IN MISSOURI?

“Actual physical control” means you’re in a position where you could easily operate the vehicle, even if you don’t.

This includes situations where:

You’re sitting in the driver’s seat
You have the keys in the ignition or within reach
The engine is running (even just for heat or air)
The car is parked on the side of the road

Even if you thought you were doing the right thing by sleeping it off in your car, law enforcement may still see you as a danger and make an arrest.

REAL-LIFE EXAMPLES THAT LEAD TO DWI CHARGES

Here are a few common scenarios where people are arrested for DWI in Missouri without ever driving:

You pulled over to rest on the side of the road but left the engine running.
You were sleeping in your car in a parking lot after drinking at a bar.
You were sitting in the car with the keys in your lap, waiting for a friend.
You turned the car on to charge your phone or stay warm after drinking.

In each of these cases, if police believe you’re intoxicated and in control of the vehicle, they may arrest you.

CAN YOU FIGHT A DUI/DWI CHARGE IF YOU WERE NOT DRIVING?

Yes — and you absolutely should. Just because you were arrested doesn’t mean you’ll be convicted.

At KC Defense Counsel, we fight DWI charges aggressively and look at key factors like:

Were the keys in the ignition?
Was the engine running?
Where was the car parked?
Were you trying to sleep or leave the scene?
Did the officer have legal grounds to approach or arrest you?

If you were trying to avoid driving while drunk, the court may view that as a responsible act, not criminal behavior.

But you’ll need strong legal representation to make that case and that’s where our knowledgeable Kansas City DWI defense lawyers can help.

WHAT ARE THE PENALTIES OF A DWI CONVICTION IN MISSOURI?

Even a first-time DWI in Missouri can result in:

Up to 6 months in jail
Fines up to $1,000
License suspension
Ignition interlock device
A permanent criminal record (unless expunged later)

And if you’re convicted for being in “actual physical control” of a vehicle while intoxicated, the penalties are the same as if you were driving.

NEED A KANSAS CITY DUI DEFENSE ATTORNEY? CALL KC DEFENSE COUNSEL

Yes, you can be charged with a DWI in Missouri even if you weren’t driving. But just because the law allows it doesn’t mean the state has a strong case.

If you’ve been arrested in Kansas City or anywhere in Missouri for being in your car while intoxicated, don’t plead guilty without speaking to a defense attorney.

At KC Defense Counsel, our skilled and affordable Missouri criminal defense attorneys have helped countless clients fight DUI charges — even in tough cases involving parked cars or unusual circumstances.

Call us today for a free case evaluation. Let’s review the facts, protect your rights, and fight for your future.

Cities we serve: Adrian, Archie, Bates City, Belton, Blue Springs, Buckner, Butler, Cameron, Claycomo, Cleveland, Drexel, Fairview, Ferrelview, Gladstone, Grain Valley, Grandview, Greenwood, Houston Lake, Independence, Kansas City Missouri, Kearney, , Knob Noster, Lake Lotawana, Lake Tapawingo, Lake Waukomis, Lake Winnebago, Lawson, Lee’s Summit, Liberty, North Kansas City, Oak Grove, Oakview, Parkville, Peculiar,, Platte City, Platte Woods, Plattsburg, Pleasant Hill, Raymore, Raytown, Riverside, Smithville, Sugar Creek, Tracy, Warrensberg, Weatherby Lake, and Weston.

Statewide: Missouri State Highway Patrol and Sheriff Counties we serve: Bates County, Cass County, Clay County, Jackson County, Platte County, Ray County.

Contact us if your ticket is not on this list so our experienced Kansas City DWI defense lawyers near me in Missouri can be of assistance.