QUESTION
Can I be charged with DUI if I wasn't driving the car.
Asked on Jan 30th, 2013 on DUI/DWI - Georgia
More details to this question:
I told the state trooper I was driving bc I was GETING grilled
By him but how will it hold up in court if I plead not guilty?
1 ANSWER
In Georgia, cops can rely on circumstantial evidence to show you were driving, and of course your admissions. Things like witnesses, the warmth of the car engine and your proximity to the vehicle can all be investigated to try to show you were DUI.
If you were in custody when you made the statements to the cop, he would have needed to read you Miranda before questioning you. However, just because you are pulled over does not mean you are in custody. It is a case-by-case determination.
Answered on Feb 01st, 2013 at 4:28 PM