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Smith Welch Webb & White Blog

Wednesday, October 19, 2016

Sitting in a parked car? You can still get arrested for DUI in Georgia

In the state of Georgia, a person can be arrested for DUI when sitting in a parked car – even if the keys are not in the ignition and the officer has not witnessed you driving under the influence.  Georgia law has a broad definition of a driver being in physical control of a vehicle, which extends beyond physically driving.  Officers have made DUI arrests for simply sitting in the driver’s seat of a parked car with the keys nearby.

 

Even through the arresting officer does not need to witness driving to make a DUI arrest, he or she does need to provide evidence that you were operating the vehicle while impaired.  Evidence of recent driving may include, but is not limited to, a warm hood, headlights on or keys in the ignition.  Also keep in mind that operating a vehicle in motion is not limited to driving with the engine running – it can include steering a vehicle while the car is not running, in neutral, being pushed or towed.    

 

If you find yourself in a circumstance where you’re inside your own vehicle under the influence, you can potentially reduce the amount of evidence that can be misconstrued as operating the vehicle by removing the keys from the ignition, applying the parking brake and sitting in the back seat. 

 

If you are arrested for a DUI under any circumstance, contact attorney Christopher Chapman today. There is a 10-day rule in Georgia, which means you should request a hearing from the Department of Driver’s Services within 10 business days of your arrest.  Chapman was honored to be named one of the 10 Best DUI Attorneys for Client Satisfaction in the State of Georgia by the American Institute of DUI/DWI Attorneys and will advocate immediately on your behalf. 

 

 

Any representations regarding the law in this Blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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