Actual Physical Control (APC) DUI in Tampa

Understanding Your APC DUI Charge

One of the more unlikely and confounding DUI charges possible in Florida is one called “Actual Physical Control DUI,” or APC DUI. These charges can occur when law enforcement discovers a person intoxicated behind the wheel– but not actually operating the vehicle. APC DUI can occur when a car is parked, the engine is off, or even when the driver is asleep.

At Taracks & Associates, we understand that the accused in these cases may be unsure of their rights or even understand what they have done wrong. We are well-acquainted with Florida’s drunk driving laws and know what it takes to effectively counter the allegations against our clients.

Understanding “Actual Physical Control”

The concept of APC DUI is frequently counter-intuitive to what drivers believe is a responsible course of action if they believe they’ve had too much to drink: they turn their car off and pull over somewhere to stop driving. However, Florida law can still assume that a driver who does this can at any time restart their car and re-enter traffic. That “physical control” of the car is seen as potentially dangerous and against the law.

Important factors to consider in APC DUI cases:

• Was the key in the ignition?
• Was the driver’s foot on the pedals?
• Was the driver awake when found by the police?
• Was the car positioned in a way that still obeyed traffic laws?

Depending on the specific circumstances of your case, you may have grounds to fight an APC DUI charge and have your case dismissed. Our defense lawyer has more than 30 years of experience and has assisted numerous clients. We can help you examined the details of your APC DUI case and ensure that a favorable outcome is aggressively pursued.