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A driver who is in command of an auto and has a blood alcohol level above .08 may be arrested under Florida DUI law. Many would presume that a person would need to be driving the vehicle in order to violate the DUI law; however, that is not the case. Florida DUI law only requires the driver to be in actual physical command of the vehicle. Florida courts have construed the requirement of physical control very broadly. There are many circumstances in which a driver could be convicted for drunk driving under Florida DUI law without actually driving the vehicle. Regardless if the accused was driving the vehicle or not the penalties for drunk driving may be the same. Therefore, anyone confronting DUI charges should always seek the help of a Tampa DUI lawyer. A Tampa DUI attorney can advise his client on the law and suggest a legal approach to defend against the charges.
Under Florida DUI law, a person who is sitting in the driver’s seat without the car even turned on can be convicted of DUI. If the keys are in the ignition or even within reach of the driver the judge may determine the driver was in actual physical control of the vehicle, and thus guilty of DUI. For instance, if the car keys are in the driver’s pocket or purse the judge may find the driver was in physical control of the vehicle. However, an experienced Tampa DUI lawyer may advocate on his client’s behalf and try to convince the court that the defendant was not in actual control of the vehicle.
Regardless of the circumstances of the arrest a Tampa DUI lawyer can help. For a free consultation with a Tampa DUI attorney contact Florida Law Group. One of our experienced Tampa DUI lawyers will answer your questions and develop a legal approach to defend your arrest.