Can i be charged with a DUI if i'm not driving? (asked 142 months, 14 days ago in Jacksonville, FL)

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I was getting into my car and a police officer came up and gave me a breathalyzer test and then charged me with a DUI...is this legal?

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3621 Vinings Slope S.E., Suite 4330
Atlanta FL 30339
Atlanta DUI Attorney
(404) 659-6161

Deering & Deering, P.C.

Atlanta DUI Attorney
Many people are shocked to learn that they can be charged with a DUI even if they are not driving. As long as you are in the car and the keys are in the ignition, an officer can charge you with a DUI for having a BAC over the legal limit of 0.08. The main factor in this situation is whether or not you were in physical control of your vehicle, and this is the area that you should focus on disproving in court. If you have started driving but then decided that it is not safe or wise to do so, the safest thing to do is to make sure that the keys are out of the ignition and move to the back seat of your car. This shows that there is no way that you are in physical control of your vehicle.

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