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DUI In Long county.

Hinesville, GA |

My Husband was arrested for a DUI while sitting in the car with the keys in the ignition. He was not driving, nor was I even in the car. We were sitting in the parking lot of a restaurant, I was waiting outside the car and the cops showed up. They said because the keys were in the car its a DUI, again even though he was not driving and we were not leaving anywhere. He blew a 0.09 so hardly over the "limit." They never read him his rights for anything. Is this a DUI and can we fight this and win? He past the other tests they gave him and barley failed the breath test. This hardly seems fair. By the way he is also military if that make any kind of difference.

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Attorney answers 5

Best Answer

it sounds like a legitamate case to fight. Driving does require a volitional movement. The 0.09 breath does leave room for legitamate errror. Contact a dui attorney asap and leave it to them to help you out.


You need to hire an experienced criminal defense attorney in your area ASAP to represent the defendant. Sounds like you have some facts that will assist counsel in the defense of the case.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


This is a defensible case. Your husband needs a lawyer to defend him. Hire one quickly, as he has ten business days to file paperwork necessary to keep his drivers license while he fights the case. Please let me know if I can be of assistance.


It sounds like your husband may have defenses to being convicted of DUI. You are welcome to contact my office to discuss this matter in greater detail. With regards,

Darrell Kimbrell

The information is provided for general purposes only and should not be relied upon. You are advised to consult with an attorney of your choosing, who can advise you on the particular facts and options in your case. No attorney-client relationship is intended or formed absent you executing a signed fee agreement. P. Darrell Kimbrell is licensed to practice law in the State of Georgia. Information provided is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice nor does such response create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


As the other attorneys have stated based upon what you have stated it appears you have something you can use to fight your husband's DUI charge. You should contact a DUI attorney quickly. There are some short deadlines for Georgia DUI, some as short as 10 days.


This response is for general information only, no attorney client privilege has been established by this communication.