I am a retired 20 year Army Veteran.My brother died while I was in Iraq.I was sitting at our Cemetery with a 6pk of beer. DUI?

They can always charge you with a DUI, but that doesn't mean it is going to stick. It sounds like you have some great facts working to your advantage. They can try to prove driving by circumstantial evidence, but it sounds like they are going to have a hard time proving when you consumed the alcohol.

You can be charged because an officer (purportedly) had probable cause to believe that you committed a crime. Probable cause is somewhere between reasonable suspicion and proof of guilt beyond a reasonable doubt. Arrests require probable cause, not proof beyond a reasonable doubt. Convictions require proof of every element of the crime beyond a reasonable doubt. Hire the best lawyer you can afford, and follow his/her advice.

Thank you for your service. In Georgia, the State would have to prove beyond a reasonable doubt that you were in actual physical control of a MOVING vehicle while impaired by alcohol. If the evidence is that you parked and then drank, then that element of a DUI wouldn't be met. Hire a good lawyer to help you with this case. Many of us offer veteran discounts.