can you prove someone was driving while intoxicated and get them arrested for it?

UPDATED: Nov 26, 2017

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can you prove someone was driving while intoxicated and get them arrested for it?

i had an incident where someone came over my house drunk and we have them on
video acting inebriated. Could a judge/ the da’s office go back and prosecute
them for their actions. They even admit in the video they were drinking

Asked on November 26, 2017 under Criminal Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is very unlikely that they could be prosecuted for DUI in this case: DUI is not simply having a drink before driving, but it is having more than a certain blood alcohol level while driving, and that cannot be determined from a video--there is no way to know what the BAL was at the time they drove. You could have called the police on them at the time, and the police could have stopped them as they started driving away and tested them--but you can't determine their BAL after the fact, and so it cannot be proven that they were DUI.

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