Flowery Branch, GA asked in DUI / DWI for Georgia

Q: Can you get a dui if you’re in your house and there is no proof of your driving the car under the influence

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2 Lawyer Answers
Lynne Fleming
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  • Criminal Law Lawyer
  • Savannah, GA
  • Licensed in Georgia

A: Although you maybe charged on a DUI based on circumstantial evidence and perhaps eyewitness testimony, you may have defenses to help avoid an actual conviction.

Without knowing all the facts, I can not say definitively whether this is true in your particular case.

T. Augustus Claus
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  • DUI & DWI Lawyer
  • Las Vegas, NV

A: In Georgia, a DUI (Driving Under the Influence) generally requires evidence that an individual was operating a vehicle while under the influence of alcohol or drugs. If you are inside your house and there is no proof that you were driving the car under the influence, it is unlikely that you would be charged with a DUI. DUI laws are specific to operating a motor vehicle on public roads while impaired. If you are not operating a vehicle at the time, the likelihood of facing a DUI charge in these circumstances is minimal.

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