Can You Get a DUI Without Driving? Yes—And Here’s How It Happens in Georgia

Most people assume a DUI charge requires you to be caught driving under the influence. But in Georgia, that’s not always the case. You can be arrested and charged with DUI even if your vehicle wasn’t moving at all. If that sounds surprising, you’re not alone—but it’s a legal reality that has caught many Georgia residents off guard.

At The Spizman Firm, our Atlanta DUI Defense Attorneys regularly defend individuals facing DUI charges in unexpected circumstances, including those who were simply sitting in a parked car. Understanding how Georgia law defines “driving” and “actual physical control” is key to avoiding or fighting these charges.

Understanding Georgia DUI Law

Georgia law (O.C.G.A. § 40-6-391) prohibits any person from driving or being in actual physical control of a moving vehicle while under the influence of alcohol or drugs. But the law doesn’t clearly define what “actual physical control” means, leaving it up to police officers—and sometimes courts—to interpret.

In practical terms, you can be charged with DUI even if:

• You were asleep in the driver’s seat
• The engine was running, even if the vehicle wasn’t moving
• You had the keys within reach or in the ignition
• The car was parked on the side of the road, in a parking lot, or even your driveway

Police often look at the totality of the circumstances to determine whether you had the intent or capability to drive. This includes your location in the vehicle, whether the engine was running, where the keys were, and any signs of intoxication.

Examples of “Not Driving” DUI Arrests

Consider these common scenarios that have led to DUI arrests in Georgia:

• A driver pulls over to “sleep it off” in a parking lot but leaves the car running to stay warm or cool.
• Someone is found behind the wheel of a parked car with the keys in their lap and the headlights on.
• An intoxicated person is found in a stopped car on the shoulder of a road with the engine off but keys in hand.

In each of these cases, officers may argue that the person was in actual physical control of the vehicle and thus subject to DUI laws—even if the car never moved.

How to Fight a DUI Without Driving

If you’re arrested for DUI without actually driving, you may have strong defenses. Your attorney can challenge:

• Whether you were truly in control of the vehicle
• Whether the car was operable at the time
• The officer’s probable cause for the arrest
• The validity of any field sobriety or chemical tests

Each case is different, and the specific facts will determine the best legal strategy.

Facing DUI Charges in Georgia? Get Help Now

Being charged with DUI—even when you weren’t driving—can be confusing and frustrating. But you don’t have to navigate the legal system alone. At The Spizman Firm, we’ve helped countless clients challenge DUI charges under complex circumstances.

We serve individuals across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.

Contact us today for a confidential consultation and let us help you fight back.