- November 1, 2024
- DUI Blogs | Taracks & Associates
A Comprehensive Guide to DUI & Actual Physical Control in Florida
If you possess a Florida driver’s license, you probably already know a few things about DUI charges. First, DUI is an acronym for Driving Under the Influence (of drugs and alcohol), a serious offense with steep penalties. Second, a DUI is committed when the motorist’s BAC (Blood Alcohol Content) is determined to be .08 or above. However, you don’t have to be actually driving to be charged with DUI in Florida.
Per Florida Statutes Chapter 316.193, intoxicated drivers can be guilty of DUI just by being in “actual physical control” of a vehicle. This provision makes the legal framework even more complex and confusing. This article will tell you everything you need to know about DUIs and actual physical control in Florida.
What is Actual Physical Control in Florida DUI Matters?
Understanding Florida’s Actual Physical Control Law
Based on the concept of actual physical control, a person need not be actively driving a vehicle to be guilty of DUI. Instead, what is required is that they could control the automobile at the point of arrest. In other words, the prosecution can secure your DUI conviction by proving that you were physically in the vehicle. The same is true if you had the capacity to control the vehicle, regardless of whether you were operating it or not.
You could be validly arrested for DUI if you were found doing any of these when intoxicated:
- Sleeping or waiting in a parked vehicle, especially with the car keys in the ignition
- Sitting in the driver’s seat with the engine running.
The penalties of a DUI charge based on actual physical control include:
- Fines of up to $1,000
- Jail term
- Driver’s license suspension
- Probation
- Mandatory DUI education program.
What Potential Defenses Are Available in “Actual Physical Control” DUI Cases?
How to Defend Yourself against a DUI Charge Based on Physical Control
You can get your actual physical control DUI case dismissed in Florida by employing the following defenses:
Lack of Reasonable Suspicion or the Traffic Stop
According to Florida law, the law enforcement officer must have had probable cause to pull you over. In other words, there must have been legitimate reasons to suspect that you were intoxicated or committing an offense. These include speeding, reckless driving, and disregarding other traffic. Without reasonable grounds, any evidence obtained from stopping your vehicle illegally will be inadmissible.
No Probable Cause for the Arrest
While reasonable suspicion is required for traffic stops, probable cause applies to the actual arrest. So, even though your vehicle was pulled over legally, they must have reasonable grounds to arrest you for DUI.
That is, there must be sufficient evidence to believe that your driving was significantly impaired by drugs or alcohol. This can be established if you have slurred speech, bloodshot eyes, a strong alcohol or marijuana smell. In summary, any behavior consistent with that of an impaired person can be probable cause for a DUI arrest.
Procedural Errors
Law enforcement agents are bound by strict procedural rules in DUI cases. Any deviation from the established procedures can work in your favor, leading to suppression of evidence, and even a case dismissal.
For example, the law requires police officers to read you your Miranda Rights before interrogation. Failure to do this will amount to a violation of your fundamental rights. If properly and convincingly argued, the court can dismiss your charge on that ground.
Procedural errors can also occur in administering the breathalyzer and other chemical tests.
Mistaken Identity
Mistaken identity is one of the strongest defenses to a DUI charge, once successfully established. Not only does it discredit the prosecution’s testimony, but it also challenges the foundation of the charge against you. A mistaken identity will lead to an outright case dismissal.
Reach Out to Our Florida DUI Defense Attorney ASAP!
We Will Help You Understand Your Position and Your Rights
Have you been charged with DUI based on actual physical control of a vehicle? Then, building a strong defense strategy is essential for securing your freedom. While this can sound scary, our Florida DUI defense lawyers at Taracks and Associates are here to make it a seamless process for you.
From our extensive knowledge of the legal system, dedication, and decades of experience in DUI cases, we make a formidable team to be proud of. With us, the odds and numbers are in your favor, and your path to freedom is clearer.
Contact us today at (813)-281-2897 to schedule a free consultation now.