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Though sleeping it off in your own vehicle might seem like the responsible choice, Georgia law still could convict you for DUI. “Actual physical control” can be interpreted in various ways depending on your specific case and individual circumstances can make or break an attempt at fighting a conviction for DUI.
1. Leave the Keys with the Bartender
Even though many may not realize it, Georgia DUI laws allow police officers to charge drivers even when their cars are parked as law requires someone in actual physical control of a vehicle after consuming alcohol or drugs; this includes having keys in ignition and foot on brake, sitting in driver seat while sleeping or anything else that constitutes actual physical control of said vehicle.
If you suspect yourself to be becoming too intoxicated, it is advisable to leave your keys with the bartender if possible. An experienced Atlanta DUI lawyer could argue that factors like where your keys were kept, as well as any alcoholic containers present can all help reduce or avoid DUI conviction. Therefore it’s always advisable to stay within the parking lot if possible, since DUI laws often focus on public roadways and parking lots.
2. Sleep in a Non-Driving Seat
After an evening out drinking, many individuals opt to nap it off in their car rather than driving home alone. Although this may seem safer, law enforcement officers still have authority to arrest drivers for DUI in this situation.
Reason being, actual physical control is at the heart of all DUI charges and can be established using factors like where a vehicle is parked, its proximity to a public road and whether keys are kept near or on its driver.
To reduce their chances of being charged with DUI, drivers can try removing their keys from the ignition and placing them somewhere safe such as their trunk or glove box. Furthermore, sleeping in the back or passenger seat instead of driving may demonstrate that you do not intend to drive. Should an arrest take place however, hiring an experienced DUI defense attorney could make all the difference for their outcome in court.
3. Don’t Move the Vehicle
Dependent upon your state laws, whether or not sleeping in a parked car will result in DUI charges is determined by whether or not you were actually physically controlling of it when sleeping there. Therefore, even if it remains stationary while you were drunk in it with keys in hand or close at hand – even when not moving – could still result in being charged with DUI.
Due to how the law is written, it is wisest not to move your vehicle at all if possible in order to reduce your chances of arrest for DUI. Parking on the opposite side of the lot or bar may prove more convenient for this purpose than moving, yet doing so could open you up to arrest for drunk driving even when not actually driving; which could prove potentially hazardous for both yourself and those close to you.
4. Don’t Fake It
After indulging in too many drinks, it may seem prudent to rest and sober up in your car rather than driving home alone. Unfortunately, if an officer notices you asleep while asleep in your vehicle they could charge you with DUI.
Police officers are trained to examine every detail of a vehicle and are on the lookout for anything that indicates drunk driving. Even non-moving violations such as parking too far away from the curb or having a cracked windshield could give officers cause to stop you.
Georgia DUI law requires the prosecution to show you were in actual physical control of the vehicle when arrest was made, such as having your foot on the brake pedal when trying to back out of your parking spot at a bar. A strong legal defense for such cases might include asserting that medical conditions or other factors beyond alcohol consumption prevented such control at that moment in time.
