Switch to ADA Accessible Website
Orlando Criminal Lawyer

DUI Charges In Florida: What Is “Actual Physical Control” Of A Vehicle?

DrunkSleep

It is unlawful to operate a motor vehicle while under the influence. You can be arrested and charged with a DUI if you are caught driving a vehicle or if you are found in “actual physical control” of a vehicle while intoxicated (Florida Statutes § 316.193). In other words, you could still technically be charged with a DUI in Florida even if no officer ever observed you driving. In this article, our Orlando DUI defense attorney provides a more detailed explanation of Florida’s actual physical control standard for drunk driving charges.

Florida Law: Actual Physical Control is an Immediate Ability to Operate a Vehicle 

Most DUI arrests involve a defendant pulled over while they are driving by a local or state law enforcement officer. However, an intoxicated person may also be arrested for and charged with a DUI in Florida if they are found behind the wheel of a parked car. This could occur in many circumstances. Florida law requires prosecutors to prove one of two things to get a DUI conviction:

  1. The defendant was caught driving the vehicle was under the influence; or
  2. The defendant was in actual physical control of the vehicle while under the influence.

Florida law defines the term “actual physical control” as the immediate ability to operate a motor vehicle. Evidence of actual physical control can come in several forms. Often, it means that the impaired person was found in the driver’s seat. Another key piece of evidence will be the location of the keys. Police officers will also look for anything that demonstrates intent to drive.

You Can Defend Yourself Against a DUI Charge Based on Physical Control 

Drunk driving charges filed on the grounds of actual physical control are complicated. By definition, these cases involve police and prosecutors bringing charges even though the defendant was never actually seen driving the vehicle. Indeed, prosecutors may have little evidence of actual use or intended use. You have the right to defend yourself against an actual physical control DUI charge.

The specific facts of the case always matter—especially when the drunk driving charges are based solely on alleged physical control of the vehicle. A thorough investigation is always required. An experienced Orlando DUI defense lawyer will be able to review the charges, the evidence, and help you devise a comprehensive defense strategy focused on getting justice. 

Call Our Orlando, FL DUI Defense Lawyer for Immediate Help With Your Case

At The Baez Law Firm, our Orlando criminal defense attorney is an aggressive advocate for justice. With a national reputation for success, you can rely on Jose Baez for strong legal representation. If you or your loved one was arrested and charged with a DUI for being in physical control of a vehicle, we can help. Contact us today to set up a strictly confidential consultation. With an office in Orlando, our criminal defense firm handles DUI cases in Orange County and throughout Central Florida.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

250 N Orange Ave, Suite 750
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2022 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab