Despite what most people believe, police officers are allowed to arrest individuals caught driving under the influence of alcohol and drugs, even when they are on private property. In Atlanta, the rules of DUI extend to all areas and not just for public roads. As long as a person was operating a motor vehicle while under the influence of alcohol or drugs, they can be held legally responsible for their actions.
A person does not even have to be in a car to be charged with DUI. Any vehicle in which a person or property is transported can count as a vehicle and this includes golf carts as well. If a person attempts to say they were on private property while DUI and therefore they should not be penalized for it, this defense will likely not help one’s case in Atlanta, Georgia.
Individuals should get in touch with a DUI attorney as soon as possible after their arrest to determine what defenses are available for them based on the details of their particular situation. The penalties that come with DUI aren’t easy to deal with and will often cause a significant decrease in a person’s quality of life as well as create a lot of inconvenience for them. A person should put their best foot forward to try and defend themselves, so they are not compelled to suffer more penalties than are required for their case.
Do police officers have to see a person operating their vehicle while DUI to arrest them?
Police officers are not required to have seen a person operating the vehicle with their own two eyes. If there is enough evidence to indicate that a person was the one who operated the vehicle while they were intoxicated that is enough for a person to face charges. For instance, if a car accident occurs and there is only one person present at the scene of the collision, then it is reasonable for the officer to believe it was that one individual who was operating the vehicle.
Another example would be if a vehicle is turned on and a person is sleeping in their vehicle while intoxicated, an officer may believe that the person also drove their vehicle and can charge them on legal grounds.
It is also important to note that officers also have the authority to question a person initially without reading them their Miranda rights. The Miranda rights only must be read after a person is officially in custody and detained by the police and interrogation is to take place.
Individuals who are arrested for DUI should reach out to a qualified DUI lawyer to get advice on their next steps to see if their penalties can be decreased through any legal avenue that may be relevant to their case.