A Word About DUI

Did you know that the Florida DUI Penalties Statute is Florida Statute §316.193? According to Florida Statute, a person is guilty of the offense of driving under the influence “if the person is driving or in actual physical control of a vehicle" within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”

Most people know what it means to drive, but many people may not realize that they don’t have to be driving a car to be charged with DUI.  The statute provides that they can also be charged with DUI if they are in actual, physical control of their vehicle and either (a), (b) or (c) above apply. 

According to the Florida Supreme Court’s Criminal Jury Instructions, actual physical control of a vehicle means, “the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he/she is actually operating the vehicle at the time.

Many people don’t realize that if they’ve had a few drinks and believe they are doing the right thing by not driving, they can still be legally arrested for DUI if they are sleeping in their car in a bar or restaurant parking lot, if their keys are nearby.  They can be legally arrested for DUI even if their car is not moving.

Every case is fact specific so contact us for a free case evaluation with the facts of your case.

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