Many people believe that being charged with driving under the influence requires actively operating a vehicle, but that is not necessarily true.

In Pinellas County, law enforcement can file DUI charges against individuals who are not driving based on the legal concept of “actual physical control.” If you find yourself facing a DUI charge when you were not operating a vehicle, it is important that you consult with one of the leading DUI defense lawyers in Clearwater with the Law Office of Timothy Sullivan.

What is “Actual Physical Control”?

The term “actual physical control” refers to the ability to operate a vehicle, even if it is not in motion. Florida law considers someone to be in actual physical control if they are in (or on, in the case of a bicycle or motorcycle) the vehicle and have the capability of operating the vehicle, even if there is no intent to drive whatsoever.

For example, if you are sitting in the driver’s seat of a parked car with the keys in the ignition, law enforcement may argue that you have actual physical control over the vehicle, even if the engine is off. Actual physical control arguments against you require a strong defense strategy from an experienced DUI defense lawyer in Clearwater with The Law Office of Timothy Sullivan.

Situations That Could Lead to a DUI Without Driving

Several situations can potentially result in a DUI charge, even if you are not actively driving the vehicle. 

Sleeping in a Parked Car

If you are intoxicated and fall asleep in your car, you could potentially be charged with a DUI. Law enforcement may argue that you had the potential to operate the vehicle.

Pulling Over to Rest

Even if you stop driving and pull over to avoid driving under the influence, you could still be charged if you remain in control of the vehicle and are intoxicated.

Idling in a Parking Lot

Sitting in a car with the engine running, even if it is parked, can lead to a DUI charge if you are under the influence.

Factors That Influence DUI Charges Without Driving

When law enforcement considers filing DUI charges in cases where driving did not occur, several factors can come into play:

• If the keys are in the ignition, on your person, or within easy reach, this can support the prosecution’s claim of actual physical control. 
• Sitting in the driver’s seat, or any position that suggests you could operate the vehicle.
• The condition of the vehicle, such as a running engine or recent signs of operation, can serve as evidence of your control over it.

Protecting Your Rights in Pinellas County After a DUI Charge When You Were Not Driving

DUI charges in Pinellas County are serious, even when driving was not involved. The penalties for a conviction can include fines, license suspension, mandatory DUI school, and even jail time. 

If you are facing a DUI charge, it is critical that you seek experienced legal representation from a top Clearwater DUI defense lawyer. At The Law Office of Timothy Sullivan, we are committed to defending individuals accused of DUI offenses, including those involving allegations of actual physical control. 

For a complimentary DUI case consultation with a skilled and dedicated Clearwater DUI attorney, call our office at (727) 291-9717.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

The holiday season is a time of celebration, gathering with loved ones, and enjoying festive traditions. But at the Law Office of Timothy Sullivan, our Clearwater DUI defense lawyers know how quickly a merry celebration can turn into a serious legal matter, so we’ve compiled our top tips to help keep your holiday spirits bright without a DUI.

Tips for Staying Safe and DUI-Free

1. The easiest way to avoid a DUI is to plan ahead for a designated driver or use a rideshare service like Uber or Lyft instead of relying on driving yourself home. 
2. If you’re planning to drink, it’s important to know your limits and be mindful of how alcohol affects your body. Different people metabolize alcohol at different rates, and factors like age, gender, weight, and food intake can influence your blood alcohol content. If you’re uncertain about your level of impairment, it’s always better to err on the side of caution and avoid driving.
3. Never combine alcohol with other substances, such as prescription medications, over-the-counter drugs, or recreational drugs. The combination of alcohol and these substances can have unpredictable effects on your coordination and reaction time, which can potentially increase the likelihood of an impaired driving arrest.
4. Taking it easy on alcohol allows you to stay in control, make responsible decisions, and avoid a DUI situation.
5. If you are pulled over under suspicion of a DUI, immediately seek consultation from an experienced Clearwater DUI lawyer with The Law Office of Timothy Sullivan. 

Stay Aware of Increased DUI Patrols and Checkpoints

Around Pinellas County, law enforcement increases DUI patrols and sets up checkpoints during Thanksgiving around high-traffic areas, including:

• Memorial Causeway leaving Clearwater Beach
• 4th Street in St. Petersburg, particularly near downtown
• Courtney Campbell Causeway, westbound from Tampa
• Gulf Boulevard from St. Pete Beach to Indian Shores
• Largo, specifically around Ulmerton Road and US Highway 19 North

If you are arrested for DUI over the holidays, the first course of action is to immediately contact the Clearwater DUI defense lawyers with The Law Office of Timothy Sullivan, the number one DUI defense law firm for experienced legal representation.

Avoid a DUI This Holiday Season

This holiday season, keep the focus on celebrations with your loved ones, not on the potential consequences of a DUI. 

To schedule a complimentary DUI case consultation with one of the leading DUI lawyers in Clearwater, call the Law Office of Timothy Sullivan at (727) 291-9717. 

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.