What to do if my husband was arrested for a DUI while sitting in the car with the keys in the ignition?

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What to do if my husband was arrested for a DUI while sitting in the car with the keys in the ignition?

He was not driving, nor was I even in the car. We were sitting in the parking lot of a restaurant, I was waiting outside the car and the cops showed up. They said because the keys were in the car its a DUI, again even though he was not driving and we were not leaving anywhere. He blew a 0.09 so hardly over the “limit.” They never read him his rights for anything. Is this a DUI and can we fight this and win? He past the other tests they gave him and barley failed the breath test. This hardly seems fair. By the way he is also military if that make any kind of difference.

Asked on December 16, 2012 under Criminal Law, Georgia

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 9 years ago | Contributor

Your husband needs to hire an experienced attorney right away.  Especially since the test results were greater than 0.08, your husband has only 10 business days to protect his driving privileges.  An experienced attorney will be able to attack the evidence while moving towards a dismissal or reduction in the charges.


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