Many Florida
residents are under the mistaken belief that if they aren’t caught driving
their cars by Okaloosa County police officers, they cannot legally be charged
with driving under the influence (DUI). Under this mistaken assumption, people
believe the following scenarios do not qualify as DUIs:
·
Sitting behind the wheel in a parking lot
·
Pulling over on the side of the road
·
Sleeping in the driver’s seat
Law enforcement in
the state of Florida has wide latitude to charge drivers suspected of operating
vehicles while under the influence of drugs or alcohol. Most arrestees are
caught while operating the car on the road. However, other arrestees are not
driving at all. In fact, the car might not even be on! The Florida DUI law has
a funny way of wording the elements of driving under the influence.
According to the
Florida jury instructions for DUI, the Fort Walton Beach prosecutor must prove
two elements beyond a reasonable doubt:
1.
The
accused was either driving or in “actual physical control” of the car; and
2. The
accused had a blood alcohol content of 0.08 or above or was under the
influence of any amount of drugs or alcohol if that amount impaired his
faculties.
“Driving” is self-explanatory,
but what about “actual physical control?” The Florida Legislature made this
phrase slightly generic on purpose, creating confusion for drivers like
yourself who don’t quite understand what is and isn’t prohibited.
When you’re
intoxicated after a fun night out at one of Fort Walton Beach’s festive bars,
you may have good intentions of sleeping off your buzz or waiting in your car
for a ride from a friend. However, these good intentions might not translate to
good decisions. Okaloosa County judges have interpreted “actual physical
control” to include situations that do not involve the operation or movement of
a car, so you need to be careful.
When you are in
“actual physical control,” you have to be inside of the car (or on the
motorcycle). “Control” encompasses the ability to drive the car. Ability to
drive is usually proven by a variety of evidence, such as:
·
The car belongs to you or is commonly driven by you;
·
The car is on;
·
The keys are in the ignition;
·
The keys are in your hand;
·
You are in the driver’s seat;
·
Your hands are on the steering wheel or
stick shift;
·
You made statements to officers about
driving or attempting to drive the car; and/or
·
Other evidence of intent to operate.
So what are you
supposed to do if you are drunk, your car is in the parking lot, and you need
to get home? Skilled Fort Walton Beach DUI defense lawyer Stephen G. Cobb
recommends that if you are with friends, you should give your keys to a sober
friend and request that they drive your car home. If all of your friends are
intoxicated, you can call a taxi or try walking home. If you are alone, you can
call a friend or family member to pick you up. If none of those options are
possible, you can wait until you are sober. However, this is risky because it
can take hours to sober up depending on your level of intoxication. Remember –
your driver’s seat is not the place to wait to sober up!
Find a DUI Defense
Lawyer Near You Today in Fort Walton Beach!
If you were caught
behind the wheel while intoxicated, talented Fort Walton Beach Criminal Defense Lawyer Stephen G. Cobb can utilize his experience as a Board Certified
Specialist in Florida Criminal Law to defend against the accusations. For a
free consultation, contact the Okaloosa County DUI defense lawyers at the Cobb
Criminal Defense Law Firm now at (850) 651-6565.
Cobb Law Firm
5 Clifford Dr
Shalimar, FL 32579
(850) 651-6565
Cobb Law Firm
5 Clifford Dr
Shalimar, FL 32579
(850) 651-6565
Source: FL criminal jury instructions for DUI
