DUI in a Parked Car in Georgia: Can You Be Charged Without Driving?
It is a common misconception that you cannot be charged with DUI unless you’re caught driving under the influence of drugs or alcohol by law enforcement. But, it’s worth noting that in Georgia, it is possible to be charged with DUI even if you’re not behind the wheel of the vehicle but simply parked or asleep in it.
You should familiarize yourself with DUI law in Georgia to better understand how a parked car case will be handled in Cobb County.
Georgia DUI law and actual physical control
In Georgia, the prosecution does not necessarily have to demonstrate that someone was actively controlling the vehicle. Rather, the state can try to establish that they had “actual physical control” of the vehicle while they were intoxicated.
This term usually refers to the ability to drive the vehicle, although the car need not be in motion at the time the authorities discovered the suspect.
Some factors that could lead the police to conclude that the suspect has actual physical control include:
- Possession of the keys inside the ignition
- Operation of the engine
- Occupation of the driver’s seat
- Position of the vehicle along the roadside
- The ability to drive off the scene
DUI charges can be filed even if the vehicle is parked in a parking lot, driveway, or roadside shoulder area.
Common parked-car DUI scenarios
DUI arrests in parked vehicles usually occur late at night as a result of an officer responding to a suspicious or stopped car. In many cases, the person who was operating the vehicle could have stopped because they knew that they were too intoxicated to drive anymore.
Some scenarios include:
- Sleeping inside the vehicle while intoxicated.
- Waiting on someone to give them a ride home.
- Operating the engine of a car for warmth or coolness.
- Stopping off the road to get some rest.
Although they might think that they were making responsible decisions, there is still a chance that the police would consider it a DUI violation.
Defenses in parked-car cases
Parked-car DUIs tend to be more complex compared to typical DUI arrest situations, where prosecutors need to establish that there was actual physical control of the vehicle.
A number of defenses can be considered by your Smyrna DUI defense lawyer according to the circumstances of each case. For example, the defense can argue:
- Intention on the part of the accused to drive
- Availability of the ignition keys
- The ability of the vehicle to function
- Reasonable basis for the officer to approach the accused
- Impairment of the accused
The place where the motor vehicle is found may also be significant. An automobile parked properly in a private area is different from an automobile stopped somewhere else.
Talk to a Smyrna, GA, DUI Defense Lawyer Today
Andrew L Schwartz, P.C., represents the interests of Smyrna residents who have been charged with DUI. Call our Cobb County DUI lawyers today to schedule an appointment, and we can begin preparing your defense right away.
