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Category: Criminal Law
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can you get a dui if the officer did not observe you drive your vehicle and the vehicle wa

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can you get a dui if the officer did not observe you drive your vehicle and the vehicle was parked in a nearby location.
Good morning from southeast Georgia,

I'm Doug, and I'm very sorry to hear of your situation.

A DUI may be given regardless of whether you actually are seen operating your car. Just being in the vehicle with the keys is sufficient to be arrested and charged with DUI.

However, if you are found outside the vehicle, and no one saw you driving the vehicle, then you may defend against the charge. The fact that your vehicle is parked nearby and you are intoxicated is insufficient to prove DUI in GA.

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I wish you the best in 2012,

Customer: replied 4 years ago.

i was not in the vehicle with the keys at the time of occurrance and was not oberved driving the vehlcle after it was parked nor was i observed in or near the vehicle. i was across the street try to get information about a traffic accident involving 3 daughters, an 30 day infant grandchild, and another passenger when the officer whom did not observe me in my vehicle or near it gave a breatherlizer test and fail.

Good morning,

You seem to have a viable defense. In order to be convicted, it will have to be proven that you operated the vehicle in an intoxicated condition. If you have some reasonable explanation for how and why your car got where it was parked without you driving it there while intoxicated---then you will likely win your case.

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I wish you the best in 2012,

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