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.