Our Athens, Georgia, DUI defense law blog often discusses some mistakes drivers make that may result in a DUI arrest. For example, driving late at night without one’s headlights on could result in a traffic stop that could lead to a DUI arrest. But it is also important for folks to be reminded that in Georgia, someone can still be arrested and charged with driving under the influence of alcohol or drugs even when the individual is not actually driving a vehicle on the road.
For example, if are sitting inside your vehicle in the driver’s seat while your car is running in park, a police officer could arrest you if he or she suspects that you have been drinking alcohol. An officer could even arrest you for DUI when you are not inside your vehicle while it is running. This scenario just happened last week here in Athens. A man was standing outside of his truck while his truck was running. The officer suspected that the man had been driving drunk and arrested the individual.
According to reports, the man was standing outside of his vehicle while it was running with the driver’s door open. The vehicle was parked near a building that had been involved in several recent crimes, so when an Athens-Clarke County police officer noticed the man, the officer went to check and see what was going on.
The man told the officer that his truck had a flat tire. One of the tires was flat, but the officer suspected that the man was drunk and that the man had also been urinating in public near his vehicle. The man told the officer that he had one alcoholic beverage, but he was arrested and charged with DUI after he refused to take a breath test.
Source: AthensPatch, “Flat tire and public urination lead to DUI arrest,” Tiffany Stevens, Oct. 26, 2012