A person may be convicted of a DUI in Florida even if he or she was not physically driving the vehicle while under the influence. This type of DUI is referred to as an Actual Physical Control DUI. It is defined by the ability of a person to operate the vehicle, rather than actually driving the vehicle. To be in actual physical control, a person must be in or on the vehicle with the ability to start and drive it, regardless of whether the keys were in the ignition or whether the person was in the driver’s seat. This type of DUI punishes persons who pose a risk of driving under the influence.
An Actual Physical Control DUI carries the same harsh consequences as a regular DUI. Thus it is important to have an experienced attorney look at the facts and circumstances surrounding your arrest. Many factors can be important in determining whether you were in actual physical control of the vehicle. Such factors include the location of the keys, the number of occupants in and around the vehicle and the location of the driver. Call our skilled attorneys immediately at 1-888-781-9696 to discuss your case and start your defense today.