In Georgia, a person sitting in a non-moving, parked vehicle CAN be arrested for DUI. The law in GA is broadly written to allow proof of either driving or being in actual physical control of a motor vehicle (not a moving vehicle) in order to justify a charge of DUI. A person is not required to prove that the operator has committed any unsafe or dangerous acts. Plus, the Prosecutor is not required to prove that any witness actually saw the accused person operate the motor vehicle if other sufficient circumstantial evidence exists that will support a conviction.

This was decided in an appellate case called Lewis v. State, 149 Ga. App. 181, 254 S.E.2d 142 (1979). So, being behind in the driver’s seat, with the ignition key available, and being drunk CAN lead to a DUI conviction in Georgia. Getting a skilled DUI defense attorney is very important for such cases, to seek a reduction of charges, or to have the DUI lawyer demand trial for you.

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