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You Don't Have To Be Driving To Get A DUI

Aggressive Trial Attorney With a Reputation for Success

You cant get a DUI in the State of Florida even if you are not driving your car.  

Florida law permits a police officer to arrest you if you are either operating (driving) a motor vehicle OR in actual physical control of the car.  This means seated in the driver's seat with the keys readily accessible.

So if you are asleep in your car, you can still get a DUI if you are impaired by drugs or alcohol.

Remember - the DUI statute specifically permits prosecution and jail time for being in "actual physical control" of a motor vehicle.  You don't have to be driving down the road in order to get a DUI.

However, actual physical control (APC) cases can be litigated and based on the circumstances, you may not be in actual physical control under Florida law.

For instance:

Where in the vehicle were you?  Driver's seat?  

Where were the keys?  If they were in the ignition, cup holder, or in your pocket you may be in actual physical control.  If the keys were in the trunk or even the back seat, you may not be.

If you get arrested in Miami-Dade, Broward, or Palm Beach and are facing DUI charges where you are alleged to have been in actual physical control of your vehicle, contact me to discuss defenses to your charge.