Legal Question in DUI Law in Georgia

dui if i wasn't driving at time of arrest

I was leaving a club with a girlfriend of mine and i was driving. i nodded off while driving and swerved. I guess the car behind me must have called the cops. i decided i didn't need to drive so we stopped at a gas station and traded drivers. we went to another club and while in the parking lot (before we went in) the cops pulled up. I was in the passenger seat with a beer and my friend was still in the drivers seat. They asked me to get out and take a breathalizer(which I failed). They didn't test her and even let her go, then arrested me. If they never saw me driving, and I wasn't when they stopped us, how can they arrest me for dui?


Asked on 7/02/04, 1:19 am

2 Answers from Attorneys
David Glass Law Offices of David H. Glass, LLC

Re: dui if i wasn't driving at time of arrest

The only way to maintain their case would be to have a witness that saw you driving the car and possibly watch you switch places with your friend. I would like to discuss your case in greater detail. Feel free to give me a call at (404) 529-9081.

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Answered on 7/02/04, 10:20 am
Jim Hough Thomas J. Hough, Jr., P.C.

Re: dui if i wasn't driving at time of arrest

The crime is to drive or be in actual physical control of any moving vehicle within 3 hours of having a blood alcohol content of .08 grams or more. A witness who could put you behind the wheel within that time period would go along way toward making their case.

There are, however, numerous other issues to be considered, and you really need to sit down and discuss the entire matter with an attorney experienced in defending DUI cases.

If you would like to discuss this matter further, please call.

Jim Hough

770-607-5300

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Answered on 7/02/04, 2:00 pm


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