Understanding Florida's DUI Laws: How "Actual Physical Control" Can Lead to Arrests—and Why You Need an Attorney to Defend Your Case
If you've ever been stopped by the police and questioned about driving under the influence (DUI) in Florida, you've probably heard the phrase "actual physical control." It's a term that can often be misunderstood, but it's crucial to understand because you can be arrested for DUI even if you weren't driving at the time. As a Florida criminal defense lawyer, I've seen many cases where people were charged with DUI under Florida Statutes § 316.193 even though they were not driving or even had no intention of driving. In this article, I'll break down what "actual physical control" really means, how it applies to DUI cases, and why having a private attorney by your side is essential for fighting these charges.
What Does "Actual Physical Control" Mean Under Florida DUI Law?
Florida Statutes § 316.193 defines DUI as operating or being in actual physical control of a vehicle while under the influence of alcohol, drugs, or controlled substances. Specifically, actual physical control can apply to a situation where you're inside the vehicle but not necessarily driving it.
Statute Text:
Under § 316.193(1), the statute reads:
"A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance... or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired; or
(b) The person has a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath."
In simple terms, actual physical control means that even if the car is not moving, if you're in the driver's seat with the keys in your possession, you could be considered in control of the vehicle under Florida law. This law applies whether the vehicle is parked, idle, or even if the engine is turned off. The police have the discretion to charge you with DUI if they believe you have the ability to drive while impaired.
Real-Life Example: Case Victory Involving Actual Physical Control
To give you a real-world example, let me tell you about a recent case where I successfully defended a client charged with DUI based on actual physical control. My client was found sleeping in the driver's seat of a parked car with the keys in the ignition. The engine was off, and the vehicle was parked in a residential area late at night. An officer approached, smelled alcohol, and conducted a field sobriety test, which my client failed. The officer then arrested my client for DUI, claiming my client was in actual physical control of the vehicle.
Here's the thing: my client wasn't driving. There was no evidence to suggest that they had even attempted to drive the car. They were simply resting in the car after a long night. After reviewing the facts, I pointed out that the vehicle was parked, my client was not operating the vehicle, and the car wasn't in motion at any point. The judge agreed and dismissed the charges because there was no clear evidence of "actual physical control" of the vehicle.
This is an example of why you need an attorney who can review every detail of your case. A public defender may not have the time or resources to challenge these nuances. But I'm here to make sure the law is applied fairly, and if there's a flaw in the case, we'll find it.
How Florida's DUI Laws Relate to Actual Physical Control
Florida DUI law doesn't just focus on driving under the influence. You can also be charged with DUI if you are found in control of the vehicle while impaired. So, if you're in the driver's seat, even if you haven't started the engine, you can still be arrested for DUI under § 316.193.
A key part of actual physical control is intent. You may not have intended to drive, but if you're in the driver's seat and the car is drivable, a police officer could argue that you had the potential to drive the vehicle at any moment.
It doesn't matter whether your car was parked or whether the engine was off. The law focuses on whether you had the ability to drive — and if you're impaired, you can be arrested for DUI even if you weren't actively driving.
Defenses to Actual Physical Control DUI Charges
One of the most important aspects of defending against DUI charges based on actual physical control is showing the officer didn't have a reasonable basis for arresting you. Here are a few common defenses that could apply:
- You weren't in control of the vehicle: If you were in the passenger seat or asleep in the back seat, you may not be in actual physical control of the vehicle.
- You had no intent to drive: In many cases, someone may fall asleep in the car to avoid driving while impaired. You could argue that you never intended to drive and were simply waiting for the effects of alcohol or drugs to wear off.
- The vehicle was inoperable: If the car was broken down or otherwise incapable of being driven, that could be an argument that you were not in control of a functional vehicle.
- You were in a safe area: If you were parked in a safe, non-public area (like a private driveway), this could support the argument that you weren't a danger to the public or other drivers.
Remember, the burden of proof is on the state. If your attorney can show that the officer's reasoning was flawed, you could get your case dropped or reduced.
Why You Need a Private Attorney in DUI Cases Involving Actual Physical Control
When you're facing DUI charges in Florida, especially ones based on actual physical control, you need an attorney who can critically analyze the facts and build a defense that's tailored to your situation.
You're not just fighting against the charge. You're also fighting against law enforcement procedures, subjective evaluations, and an aggressive prosecution. The state of Florida has resources and prosecutors that are determined to get a conviction. This is why you need a private lawyer who can dedicate time and attention to your case.
A private criminal defense lawyer like me can:
- Examine all the evidence: I look at everything, from officer reports to body cam footage, to see if there's a weak point in the arrest.
- Challenge the officer's conclusions: In cases involving actual physical control, I often challenge the officer's observations, showing that the facts don't support the arrest.
- File motions to dismiss: If we find that your constitutional rights were violated during the stop or arrest, I can file a motion to get the case dismissed before it even goes to trial.
- Prepare for trial, if necessary: While most cases settle, I'm prepared to go to trial and fight for your rights if that's what it takes.
Without an attorney on your side, you may end up facing severe penalties like jail time, fines, and a criminal record that affects your future. A skilled defense lawyer is your best chance at reducing or eliminating these consequences.
Real-Life Example of a Case I Won
I once worked with a client who was charged with DUI after being found sleeping in the driver's seat with the engine off, the car parked on the side of the road. The officer claimed my client was in actual physical control of the vehicle because the keys were in the ignition.
After a detailed investigation, I found that my client had been using the car to rest after consuming alcohol earlier in the evening. The keys were in the ignition, but the engine was turned off, and my client had no intention of driving. I was able to show that my client's actions didn't meet the criteria for actual physical control.
In court, I successfully argued that there was no proof of impairment at the time of the arrest and that the officer had jumped to conclusions. The case was dismissed.
FAQs About DUI Cases Involving Actual Physical Control
Can I be charged with DUI even if I wasn't driving?
Yes, under Florida Statutes § 316.193, you can be charged with DUI if you are in actual physical control of the vehicle, even if it is parked and you're not driving. The key is whether you have the ability to drive the vehicle and if you're impaired at the time.
What are the penalties for a DUI conviction in Florida?
Penalties for DUI convictions in Florida can include jail time, fines, mandatory DUI education programs, community service, and license suspension. For a first offense, you could face up to 6 months in jail, up to $1,000 in fines, and a 6-month license suspension. Subsequent offenses carry harsher penalties, including mandatory ignition interlock devices.
What happens if the officer didn't have reasonable suspicion to stop me?
If the officer did not have reasonable suspicion to stop you, or if your rights were violated during the stop, we can file a motion to suppress the evidence. This could lead to the case being dismissed before it even gets to trial.
How can I challenge a charge of actual physical control?
We challenge the charge by proving there was no evidence to support that you were in actual physical control of the vehicle. If you were in the passenger seat, the car was inoperable, or you were waiting for a ride, we can show that you were not in control of the vehicle and argue for a dismissal.
Why should I hire a private attorney for a DUI case?
A private attorney will ensure that you have someone dedicated to defending your rights. We will review every aspect of the case, investigate the evidence, and find weaknesses in the prosecution's argument. Having a skilled DUI defense lawyer on your side gives you the best chance of avoiding a conviction.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Facing a DUI charge in Florida, especially based on actual physical control, can be a daunting experience. You don't have to face it alone.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.