Defining Driving in DeKalb County DUI Cases

Driving is defined in DeKalb County DUI cases as actual physical control of a moving vehicle. The evidence of physical control of a moving vehicle can be defined as directly or indirectly. Directly would be if an officer sees another driver behind the wheel committing a traffic violation. In this situation, the officer would have direct evidence of actual physical control.

Indirect or circumstantial evidence may be if someone is passed out behind the wheel off to the side of the road. In this case, many questions need to be asked, such as if the car is parked, if the car is running, if the individual behind the wheel admits to driving, and if that person admits to consuming alcohol before or after getting into the vehicle.

A seasoned lawyer with experience defining driving in DeKalb County DUI cases could advocate for you if you were charged with a DUI offense. Reach out to a skilled DUI attorney today.

When it is Unclear Who Was Driving the Vehicle

If there are multiple people in a vehicle during a DUI stop, it could be unclear who was driving the vehicle before the officer pulled them over. A passenger could get charged with a DUI if it was clear they swapped positions from the driver’s side. If a police officer had evidence of the individuals swapping the car or the other person driving, they could use that to prove a DUI. There are many different ways that an officer could prove that one person was driving versus the other, but they have to have some level of evidence to demonstrate that the other individual is driving a car.

Where Can a Person be Arrested for a DUI?

An individual can be arrested for a DUI pretty much everywhere. There is a common myth that if a person is on private property or they are in their driveway, they cannot be arrested for DUI, but that is just not accurate at all. However, there are different responsibilities and different standards by which a police officer can begin their interactions with them.

Proving Driving in a DUI Case

Driving can be proven directly or indirectly, but a police officer does have to acquire and be able to prove sufficiently beyond a reasonable doubt that there was driving that occurred post-alcohol consumption. This is an integral proportion of the entire case, and they have to be able to prove that that individual operated a motor vehicle.

To prove driving, the prosecution has to prove actual physical control of a moving vehicle. In terms of contesting the evidence, it is not a case-by-case basis. If there is video evidence of someone operating a motor vehicle, the defendant can unlikely contest it.

However, there are several different ways to contest physical control of the vehicle. It just depends on the facts of the case, but driving or actual physical control of a moving vehicle is always going to be a question for a criminal defense lawyer to consider. If the state cannot establish that the defendant was actually the one in operating the vehicle, that may be the best defense available. When building a defense, it is crucial to obtain an accomplished lawyer who is experienced with defining driving in DeKalb County DUI cases. To learn more about how an attorney could help you, call today.


Hawkins Spizman

logo (770) 258-6888