If you choose to drive while you are under the influence of alcohol, you run the risk of being arrested on DUI charges. Georgia law states that you have to be in “actual physical control” of a vehicle while impaired to be guilty of an offense. Notably, this does not mean that you necessarily have to be moving at the time that you are stopped by the police.
For example, say that you have a few drinks while you are at a friend’s house, and then you walk out to your car to go home. When you get there, you decide that you are too impaired to drive, so you simply try to sleep it off in the driver’s seat. If a police officer came and knocked on the window, they could still charge you with impaired driving, even though the car was not moving at the time.
Why is the law set up this way?
The law seeks to prevent people from having the potential to drive their vehicle under the influence. A person who is sitting in the driver’s seat with the keys in their pocket does have that potential, even if they have not exercised it yet.
This structure also aims to “get around” situations where people claim they were just sleeping and had no intention to drive, even if that is not the case. For instance, someone could be driving under the influence when they pull over to the side of the road and pass out. When the officer wakes them up, they claim they were just trying to take a nap, even though the reality is that they passed out from alcohol intoxication.
If you are impaired, the best thing you can do is stay out of a vehicle to avoid even the appearance that you are going to drive under the influence. Should you find yourself facing charges despite your best efforts, however, it is critical that you understand what legal defense options you have available to you. Seeking legal guidance can help.