You have had a few too many drinks after a Braves game at The Battery and rather than risk making the drive home, you’re going to just sleep it off in your car. You lie down on the seat, perhaps start the engine just to heat up or air condition, and shut your eyes, believing that you are doing the proper thing. Unfortunately, in Fulton County and across the entire state of Georgia this once responsible decision can quickly land you with a flashlight in your eyes and handcuffs on your wrists.
The central question is: What does it mean to have “actual physical control”? Georgia DUI law does not require that the person be operating a moving vehicle to be arrested and convicted. You can be charged if the police officer thinks that you can take over the movement of the car easily and immediately. If you’re sleeping in the driver’s seat with the keys in the ignition, even though you didn’t plan on putting the car in drive, it’s a strong enough indication for a police officer to start making an arrest for DUI.
Police officers know certain things to check for when approaching a parked vehicle containing a sleeping person.Police officers know what to check when approaching a parked car containing a sleeping person. If the hood is warm, they will know it, which means the car has most likely been driven recently, and they will take the time to record precisely where the keys are. Whether the keys are simply lying in your lap, pocket or cup holder when you are sitting behind the wheel, prosecutors will vigorously contend that you were in legal control. Penalties for a “actual physical control” DUI are the same as a driving DUI, including the same fines, license suspension and possible jail time.
The cases of this type are highly dependent on the interpretation of the arresting officer and on circumstantial evidence, which makes defending them a very specific case-by-case approach. This is where it is absolutely essential to have the help of a qualified DUI Lawyer Atlanta residents trust. A well trained Atlanta DUI Attorney can carefully uncover the evidence of your innocence and establish that you were using the vehicle for a stationary shelter only and were obviously not intending to drive, and aggressively contest the physical assumptions made by the police at the scene.
