QUESTION
Can I be charged with DUI if I had a beer 2 hours before driving?
Asked on May 20th, 2013 on DUI/DWI - Georgia
More details to this question:
I was charged with driving under the influence. I drove to the party which I was arrested. I did not start drinking until I got to the party but the officers are trying to say that I had started drinking earlier in the evening and then drove to the party based on a witness who lives in a different apartment. He said that I was obviously drunk when I got out of the car. I had one beer and one shot two hours before driving to the party. I then drank a lot in about 30 min. The police showed and charged me for driving under the influence.
6 ANSWERS
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on May 23rd, 2013 at 11:53 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Drinking after driving is usually a strong defense. You should contact a DUI attorney to explore the defense and possible witnesses who can help you beat these charges.
Answered on May 22nd, 2013 at 8:49 PM
Criminal Defense Attorney serving Chicago, IL
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Law Office of Andrew Gable
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You can always be charged with a crime but proving it is more difficult. You may have a chance if the police did not see you driving a car. You should not post anything else about your case on the internet and contact a criminal defense lawyer.
Answered on May 22nd, 2013 at 8:28 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes you can be charged. DUI cases are very complicated cases and the consequences of a conviction are substantial. I would strongly encourage you to retain an attorney.
Answered on May 22nd, 2013 at 11:48 AM
2 Awards
You can be charged with DUI based on your facts BUT that does not mean that you do not have a defense to the charges. You should consult with a local DUI attorney in your area, depending on what the government is alleging you could have a defense of drinking after driving. It is the governments job to prove that the alcohol in your system was ingested before you drove and impaired your ability to drive. This is a jury trial defense meaning that you need an attorney to represent and defend you at trial.
Answered on May 22nd, 2013 at 10:01 AM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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Georgia law indicates that you can be convicted of driving under the influence of alcohol if the State can prove that you were in physical control of a moving vehicle within three (3) hours after having consumed alcoholic beverages. For example, if you are in a parked vehicle with the key in the ignition. An officer approaches and is able to determine (1) that you are under the influence of alcohol, (2) that you consumed alcohol prior to operating the vehicle, and (3) that it has been less than three hours since you operated the vehicle, you can be charged with the offense of DUI. Of course, the State would have to prove either that you were operating the vehicle to the extent it was less safe to do so, or that your State Administered Chemical Test was 0.08 or greater.
Answered on May 22nd, 2013 at 10:00 AM