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DUI in own yard  asked 19 Jan 2013
A friend of mine backed into his son's Douglas county issued truck in his own (not his son's) driveway. His son called his supervisor who in turn called GSP. He was given a DUI although he never left his own driveway. Can they do this?


Answer  answered 20 Jan 2013 - 1705 days ago

Jim:Your friend CAN be prosecuted even if he was stopped on private property. The Georgia Dui statute simply says that you are prohibited from “operating” a motor vehicle while under the influence. Keep in my, he may have many other good defenses to the charge. See Statutory language:(a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive; (5) The persońs alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the persońs blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the persońs breath or blood.




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