Answer:
In West Virginia, in order to have what we call solid evidence to even charge a DUI, much less convict for a DUI, there must be actual physical control of the vehicle. What that means is two things.
In West Virginia, in order to have what we call solid evidence to even charge a DUI, much less convict for a DUI, there must be actual physical control of the vehicle. What that means is two things.
A, you have to intentionally move the vehicle. You can’t just be sitting in it, even if it’s running, unless they can show you just recently were driving, or that you have to have actual physical control of the vehicle.
If you have had a seizure, you’re passed out, the vehicle involuntarily does something, there are defenses to that. But actual physical control means you’re in the driver’s seat, the vehicle is in drive, you’re intentionally moving the vehicle, and you are clearly actual physical control, the driver.
Yes, an electric vehicle, you can be prosecuted for a DUI as well, even if you’re just sitting and not holding the steering wheel, my Tesla owners. Give us a call if you