Yes, you can be given a driving under the influence charge because as our Tampa DUI attorneys explain the law only requires actual physical control, not necessarily driving or the vehicle even being turned on. Tampa DUI attorneys are often asked about the specifics for receiving a driving under the influence charge relating to whether it is necessary to actually be seen driving. Unfortunately with the rise of aggressive policing and prosecution of driving under the influence charges, the days of pulling off the road and “sleeping it off” are over. Law enforcement routinely arrests folks parked on the side of the road and in parking lots trying to “sleep it off.”
Florida Law only requires actual physical control of the vehicle, not necessarily driving. This relates more to a party having the ability to drive the vehicle, rather than actually driving the vehicle. The only true defense relating to this issue is if the vehicle is inoperable. A situation, where this would be successfully is asserted, would be difficult to imagine from a purely legal standpoint, but a jury may be receptive to the defense, given the right situation.
While Tampa DUI attorneys are not able to argue pure jury nullification, essentially an appeal for the jury to ignore the law, they can argue for a common sense application of the law to the facts. For example, an individual, who no one has seen drive a vehicle, is blocked in by other vehicles and actually unable to drive may be able to successfully argue the defense to a jury, that they never drove. Again, driving under the influence charges are very fact specific and it is necessary to evaluate the facts and circumstances of your case before opining as to the strength of a potential defense.
If you or someone you know has questions concerning their driving under the influence case or arrest, contact the Tampa DUI attorneys of Hackworth Law for a free case consultation. We always offer free case consultations and will work with you to determine an aggressive and effective strategy to defend your rights in your driving under the influence case. If you would like to contact one of our Tampa DUI attorneys, please use the “contact us now” tab in the upper right hand corner of our website. We appreciate you taking the time to check our Tampa DUI attorney blog and look forward to working with you.