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It is best not to get near a vehicle when intoxicated

On Behalf of Fishman & Fishman, LLC | Oct 3, 2024 | DWI/DUI Defense |

The temptation to “just drive a short distance” after having a few drinks can be strong. Still, the moment you approach your vehicle while intoxicated, you are already putting yourself at risk. Many people do not realize that simply being near their car while under the influence can lead to serious legal consequences.

What constitutes “actual physical control”?

In Georgia, law enforcement officers may use the concept of “actual physical control” to determine if an individual intended to operate a vehicle while intoxicated. Some factors that may indicate actual physical control include:

  • Possessing car keys while near the vehicle
  • Sitting in the driver’s seat
  • Starting the engine
  • Having the car in drive or reverse

Intent is another critical factor in these cases. Prosecutors may argue that your presence near the vehicle demonstrates an intention to drive, regardless of your actual plans. This interpretation can lead to charges even if you have yet to start the engine or move the car.

In Georgia, the same DUI penalties apply as if you were driving, including fines ranging from $300 to $500, license suspension for up to 6 months, and imprisonment for up to 30 days. In some cases, you may also have to enroll in an intoxicated driver resource center or install an ignition interlock device in your car.

A DUI conviction can have effects beyond the courtroom. You may contend with increased insurance rates, employment difficulties, reputational damage and potential travel restrictions.

Staying safe and avoiding risks

To protect yourself and others, always plan for a safe ride home, such as using ride-sharing services or designating a sober driver. If necessary, stay where you are if you have been drinking and give your keys to a trusted, sober friend.

If you need to defend yourself against DUI charges, secure legal representation from a skilled attorney in Georgia. Your lawyer will work tirelessly to reduce penalties or even have charges dismissed.

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