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Can you get a DUI in a parked car?

On Behalf of | Oct 22, 2024 | Divorce |

Most people are responsible enough to know that drinking and driving is inherently dangerous, so and they avoid it — and the potential “driving under the influence” (DUI) charge that could follow. However, the best laid plans can go awry.

When one drink after dinner turns into three or four, you can end up suddenly realizing that you’re too drunk to drive. Like a lot of other people in that position, you may consider it prudent to “sleep it off” in your car. Unfortunately, doing that can still result in a drunk driving charge.

Georgia’s definition of drunk driving is very broad

Essentially, the ability of the police to charge you with a DUI in a parked car comes down to the wording of the law. In Georgia, the statute says that you cannot “drive or be in actual physical control” of your vehicle.

What does that generally mean? If the keys are in your pocket, next to you on the passenger seat or in your hand, that’s “physical control” of the vehicle. Even if you don’t turn on the engine, you have the capacity to do so. If the engine is warm or the keys are in the ignition, the officer can use that as circumstantial evidence that you were driving while drunk – even if you only had the engine on to run the air or the heater.

If you find yourself in an awkward position while you’re out, it’s far better to call a friend, relative or rideshare service like Uber than to take a chance on sleeping in your car. The odds that an officer will have sympathy for you are slim.

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