Can I Get a DUI in Florida If I’m Not Actually Driving?
Sean McQuaid explains how one can get a DUI even if they are not actually driving the vehicle.
[Transcription]
Can you get a DUI if you weren't actually driving? So if you're watching this video, it's probably because you already got arrested for DUI and you weren't actually driving the car and you're looking at it saying, is that even legal? And the answer is, it could be. What the law says is that you have to be in actual physical control of a car. Doesn't mean you have to be driving down the road. So you could be stopped, this happens actually quite a bit, you could be in a parking lot, maybe at a bar because you decided to sleep it off, car is on and you're sleeping it off, well you have the keys, the car is on, that's actual physical control, and if you're over the legal limit, yes you can get a DUI. And it does not matter if the car is on, the keys could be in your pocket, but what the law says is that if you have the ability to exercise control over the car, in other words reach in your pocket, put the keys in the ignition and drive, that's all they need for a DUI. So you need to actually be very careful out there if you're in a car and under the influence because even though it's really not fair, you're trying to do the right thing by sleeping it off, you can still get a DUI.
*The above has been transcribed by a third party service and has not been checked for accuracy
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St Petersburg Criminal Defense Attorney Sean McQuaid has been successfully defending people charged with crimes and traffic offenses in Pinellas County since 2000. If you or a loved one has been involved in a crime or traffic offense, don’t hesitate, contact us today at (727) 381-2300. We are open 24/7 and you will be speaking with an attorney.
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