Can You Get an Atlanta DUI While Parked? Legal Complexities You Should Know

Can You Get an Atlanta DUI While Parked? Legal Complexities You Should Know

Many people mistakenly assume that DUI only applies on public roads; however, this is not always true. You could even be arrested for DUI on private property if officers believe you were impaired while parking your car on it.

Most people are surprised to learn that Georgia’s DUI laws allow police officers to arrest them even when they’re sitting still in their parked, non-moving vehicle for drunk driving.

What Does It Mean to Be “In Physical Control” of a Vehicle?

Atlanta DUI laws of most states prohibit individuals from driving or having physical control of a vehicle while under the influence of alcohol or drugs; this includes being present when parking one.

For the state to successfully prosecute you, they must demonstrate that you were under the influence of alcohol, toxic vapors or drugs to an extent that reduced your driving safety, while possessing a blood alcohol content (BAC) level higher than legally permissible limits – something which can be established through breath, urine and blood tests.

State authorities must first demonstrate that you had actual physical control of a vehicle, which means its operability must have been functional, and you had its keys readily available or readily in your possession. Sleeping in the driver’s seat doesn’t guarantee anything either!

How Does the State Prove That You Were Intoxicated?

DUI cases in Atlanta and surrounding areas often depend on circumstantial evidence such as your performance on field sobriety tests or chemical analysis of your blood or urine samples, but in cases involving parked cars it might be harder for officers to establish these elements than when driving publicly – which makes a strong defense strategy essential when facing such charges.

A skilled Atlanta DUI attorney can help you create reasonable doubt about whether or not the state was able to prove all elements of its case, such as actual physical control of your vehicle. This may mean calling attention to any errors in its administration such as police failing to follow procedures correctly or improperly administering field sobriety tests.

Imagine yourself sitting in your parked car, passed out with keys close at hand and passed out. While it might not seem likely, Georgia laws are very broad and an officer could potentially charge you under one or more DUI statutes even though you weren’t driving the vehicle yourself.

What Can You Do to Avoid an Atlanta DUI Arrest?

If you are stopped by police on suspicion of DUI, it’s essential that you remain calm and silent. No questions must be answered and any silence won’t be used against you in court proceedings. Furthermore, do not yell at or act out violently towards an officer as this behavior will likely be recorded on video footage.

Georgia police or state patrol officers may ask questions about how much alcohol you’ve had, where you were heading and coming from, as well as ask you to submit to field sobriety tests voluntarily; though these exercises are voluntary and many sober people find them challenging to complete correctly.

When an officer suspects you of driving under the influence of alcohol, illegal drugs or legal drugs that impair driving ability, he or she must administer breath, blood or urine tests to ascertain your blood alcohol concentration (BAC). Failure to submit to these chemical tests can result in your license being suspended even before being found guilty of DUI.

What Can You Do After an Accident?

No matter where you find yourself, it’s essential that you take every precaution possible to protect your rights. After any accident occurs, call the police immediately and answer their inquiries with honesty – never blame yourself or agree to pay immediately without first consulting an attorney first. Ideally, wait at the scene until police arrive unless the situation becomes immediately dangerous.

If law enforcement officers arrive, you should request their name and badge number before complying with any requests to complete a field sobriety test. If you know that you are not under the influence, refuse to take part. A knowledgeable DUI defense lawyer may be able to challenge claims of your intoxication in court proceedings against you and help to have them dismissed altogether.

Parked car DUIs are dangerous to all those on the road and it’s crucial that you find an experienced Georgia DUI defense lawyer to defend you.