It should go without saying that to be arrested and charged with DUI you have to be driving a vehicle. However, the law does allow for the state to bring DUI charges if you are not driving but are in actual physical control (APC) of a vehicle. Think of the circumstance of simply sitting in the driver’s seat after having had a few too many drinks. Under Florida law this just might be enough for a charge of APC DUI against you.
A DUI is defined as driving with a blood alcohol content of over 0.08%. For an APC DUI the following facts are usually present:
● Sitting behind the wheel of a car while considered legally intoxicated.
● The vehicle can be running, or not even have the keys in the ignition.
The vehicle does not even have to run in order to be charged with APC DUI, and there are cases where the defendant was not even awake at the time he/she was in the car. However, if you are in a car that is up on blocks, with no chance of ever travelling on a roadway that is a significant fact in your favor when defending the case against you. Many times the facts are subject to more than one interpretation, which is why it is critical to fully develop the specifics of your case. We work with you to carefully investigate the charges and the facts and then develop a defense that works. Call one of our DUI defense attorneys today for more information.
If you have questions about hit and run cases or other traffic violations, call our office to speak with a qualified criminal defense attorney. We help people charged in Stuart and the Treasure Coast. Call today to schedule an appointment for a free initial evaluation of your case.