Can I Be Charged with a DUI if I Wasn't Driving? Understanding 'Actual Physical Control' Laws in Florida

DUI charges can result from far more conduct than you think. You do not need to actually be driving at the time that you were stopped to be convicted of DUI. You just need to have the ability to drive at the time that you are under the influence. Whether you actually had that ability is a matter of the facts and circumstances of your case. You do not have to plead guilty just because the officer has told a certain story about what they observed.

If you have been charged with DUI, you need legal help from an experienced Florida criminal defense attorney sooner rather than later. Schedule an immediate free consultation with a Florida DUI defense lawyer at The Alers Law Firm to discuss your case and learn more about your legal rights.

DUI Charges Depend on Whether You Had Actual Physical Control of the Vehicle

Many drivers make the mistake of thinking that they can only be charged with DUI if they were actually driving the car at the time that they were stopped by a police officer. Florida law is actually broader than that. You could be charged with DUI if you were in the car and had physical control of it when you were stopped. Thus, the fact that you were not actually not driving may not be a valid defense to the charges that you are facing.

Florida Statutes § 316.193 lays out what may be considered DUI in the state. The law states that “A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state.” Here, what constitutes “actual physical control” is the issue when you have been charged with DUI when you were not driving. The law is interpreted far more broadly than you think.

Florida law defines actual physical control as:

• You are physically in or on the vehicle, and
• Have the capability to operate it, regardless of whether the vehicle is actually being driven

Actual Physical Control Depends on the Facts and Circumstances of Your Case

Courts in Florida have given broad effect to the term “actual physical control.” For example, in Griffin v. State, a driver was convicted of DUI when they were seated in the vehicle at the time of the arrest, even though they were not actually driving. The fact that the driver had the capability to start the car and drive at any time was enough to constitute actual physical control. In another case, the fact that the driver was upright behind the wheel was indicative of the fact that they had the ability to operate the vehicle.

However, there is often more that is required for you to be convicted of DUI when you are in the car and under the influence. First, the officer must have actually witnessed the fact that you had physical control of the vehicle. Then, there are other factors that may come into play, such as:

• Whether you had the keys with you in the car (if they were outside of the vehicle, you did not have actual physical control)
• Whether you were in the vehicle (if you were sitting in the driver’s seat, there is more of a chance of having the capacity to operate the vehicle)
• Whether the vehicle was operable or readily operable

Accordingly, it is not a defense to DUI charges that you were “sobering up” when you were in your car waiting to drive. However, it is not always automatic that the circumstances of your case mean that you would be convicted just because you were intoxicated in your car. Everything depends on the facts of your case.

If you are convicted under these circumstances, you would face the same exact penalties that you would have if you were actually driving. Therefore, it is essential that you contact an experienced criminal defense attorney who can review the facts of your case and help determine your best path forward. Since these cases are heavily fact-intensive, there may be more of a chance that you can rely on certain defenses that would not have otherwise been available to you. 

Contact a Florida Criminal Defense Law Firm Today

If you have been charged with DUI in Florida, you need to be aggressive about getting legal help for yourself. Schedule a free initial consultation with the Florida criminal defense lawyers at The Alers Law Firm by visiting our website or by calling us today at (407) 930-4888.