Can You Get a DUI Even If You’re Not Driving in Georgia?


Many people believe that DUI charges only apply to drivers who are operating a vehicle while under the influence of drugs or alcohol. However, in Georgia, it is possible to be charged with DUI even if you are not driving. This may come as a surprise to many people, but it is important to understand the law and the potential consequences of a DUI charge. In this blog, we will explore the question, “Can you get a DUI even if you’re not driving in Georgia?” and provide you with the information you need to understand this complex legal issue.

Can You Get A DUI if Your Keys Are in the Ignition?

In Georgia, it is possible to be charged with a DUI even if your car is not in motion and your keys are in the ignition. The key issue is whether you are in “actual physical control” of the vehicle. If you are behind the wheel of a car and have the ability to operate it, you may be charged with a DUI, even if you are not driving. This means that if you are sitting in the driver’s seat with the keys in the ignition, you could be arrested for DUI, even if the car is not moving. It is important to understand the law and the potential consequences of a DUI charge, even if you are not driving.

Can You Get A DUI if Your Keys Are NOT in the Ignition?

In Georgia, it is possible to be charged with a DUI even if your car is parked, and you are not in the driver’s seat or have the keys in the ignition. Again, the key issue is whether you are in “actual physical control” of the vehicle. If you are in control of the vehicle, even if it is parked, you may be charged with a DUI. 

The Georgia Supreme Court has defined “actual physical control” as having the ability to operate the vehicle. The court has held that the key factor in determining whether someone is in actual physical control of a vehicle is whether they have the present ability to operate the vehicle. This means that if you are in the driver’s seat of a parked car and have the keys in your pocket, you could be arrested for DUI if the officer believes that you have the ability to operate the vehicle.

However, if you are not in the driver’s seat and do not have the keys in your possession, it is unlikely that you will be charged with a DUI. The Georgia Supreme Court has held that the mere presence of an intoxicated person in a parked car is not sufficient to establish actual physical control. In other words, if you are in the back seat or passenger seat of a parked car and do not have the keys, you are unlikely to be charged with a DUI.

Can You Get A DUI For Sleeping In A Parked Car While Intoxicated? 

In Georgia, it is possible to be charged with a DUI for sleeping in a parked car if you are in “actual physical control” of the vehicle. If you are behind the wheel of a parked car and have the keys in the ignition, you could be arrested for DUI, even if the car is not moving and you are asleep. However, if you are sleeping in the back seat or passenger seat of a parked car and do not have the keys in your possession, it is unlikely that you will be charged with a DUI. As stated earlier, The Georgia Supreme Court has held that the mere presence of an intoxicated person in a parked car is not sufficient to establish actual physical control. In other words, if you are sleeping in a parked car and do not have the keys, you are unlikely to be charged with a DUI.

Conclusion 

It is important to note that the specific circumstances of each case will determine whether an individual is charged with a DUI. If you are in a parked car and have been drinking, it is best to avoid sitting in the driver’s seat or having the keys in your possession. If you have been drinking and feel impaired it is best to avoid driving. If you are arrested for DUI, it is important to seek legal representation from an experienced DUI lawyer who can help you navigate the legal system and protect your rights.