DUI by Actual Physical Control
Ever had a little too much and decide to pull over and sleep it off? Ever have a few cocktails at the beach and rest in your car before leaving? Both can lead to a charge of DUI by Actual Physical Control. If you have been charged with a DUI (Driving Under the Influence) by Actual Physical Control, you face severe consequences, including suspension of your driver’s license, fines, probation, and possibly jail. It is important to hire a DUI lawyer as quickly as possible to protect your rights.
Under Florida Statute 316.193, to be convicted of a DUI charge, the prosecutor must prove beyond a reasonable doubt that you were driving or in actual physical control of a motor vehicle within the state, and at the time you were driving you were under the influence of alcohol or drugs to the extent that your normal faculties were impaired, or that at the time of driving your blood or breath alcohol level was more than 0.08. You do not have to be driving, or even seen driving, to be charged with DUI in Florida. There is no specific set of factors to determine what actual physical control is. Essentially, if you have the ability to drive the car away, you are in actual physical control.
DUI Actual Physical Control cases can be defended in many ways depending on the particular circumstances of your case. Many times someone other than law enforcement removed the keys before officers came to the scene, so the officer may have improperly arrested you without witnessing all of the required elements of the charge. A number of important factors need to be analyzed, such as location of the keys, where and how you were seated in the car, time of day or night, location of the car (street or parking lot), reason the officer came to your car, and whether there was an accident. A Tampa DUI defense attorney can discuss your options based on the facts of your case.
Have you been charged with DUI - Actual Physical Control in Tampa Bay? A criminal defense lawyer from The Lawler Firm can help.
If you are facing DUI Actual Physical Control charges, call The Lawler Firm now for a free no obligation consultation. You will speak to your actual DUI criminal defense attorney, who will meet with you, even on evenings and weekends. Call Now (813) 431-4470!