Can I get charged for a dui and I wasn’t driving and the keys weren’t in the ignition. Do I have a case? I was at the bar for maybe 2hrs, had two drinks and felt a little tipsy. Me and my friend went to the car to sit it out my friend had the keys so I wasn’t even holding my car keys. So I would like to know should I lawyer up and try to fight it because I feel it was unfair.
Based on the information in your question you should ABSOLUTELY Lawyer up! You would have numerous defenses to a DUI charge based on the specific facts in your question. One of the big issues is that the prosecutor has to prove that you were in actual physical control of the vehicle. A non-moving vehicle, that isn’t even running sounds like it will be a hard sell for the prosecution to prove you were in actual physical control. You should hire the best DUI Defense Attorney that is available to you – ASAP. If you are CONVICTED of this DUI it will remain on your Georgia Criminal History for the REST OF YOUR LIFE. And finally, remember that you have 10 business days to request an ALS hearing & send a money order for $150 to the state of your license will be automatically administratively suspended!
I hope this information is helpful to you & Good Luck!
George McCranie IV – Offices in Valdosta & Douglas, GA –