The government will have to show that you were in operation of your car AFTER having consumed ETOH. the evidence may be as follows (if they can lawfully get into your house)
1) citizen reports / office observes erratic driving
2) citizen reports / officer observes said car enter into garage and shut garage door
3) inquiry is made (again if lawful entry)
4) dirver (for some strange reason) submits to test showing .12 gms or more
[obvious inference if tested quickly that one could not consume that much in sucha short period of time and it metabolize]
there is a scenario for every case, remember anyone can be arrested - proof at trial with a competent lawyer is another thing
did you know you could be arrested and convicted if you were on private property - hay field or parking deck
OCGA § 40-6-391 (a) (5) states the reason why you can be taken from your home even when you were not driving.
(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 person´s 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;...
Mr. McDonald is absolutely correct. The time of drinking and driving may have been hour before you snuggled into you bed. Thank your legislator and MADD .
I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.
For a Georgia DUI a citizen's report is sufficient. However, the state will have an extremely high burden of proof. First the party that made the report will have to show for trial and that usually does not happen. Next, you could easily have had a couple of beers while you were at home. A Georgia DUI attorney should be able to assist you with this charge and it will be worth the expense to hopefully keep it off your record and not have a suspension or insurance increase.
also, to follow up with the comments of the others.....how can the state show you consumed any alcohol before driving.....I tried a case similar to this two years ago in Cobb County State Court and it took the jury less than 20 minutes to find my client not guilty
P. Darrell Kimbrell
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