Law & Legal & Attorney Criminal Law & procedure

How You Can Be Convicted Of A DUI Without Even Driving Under Florida DUI Law

If you have been arrested for a DUI you should contact an experienced Tampa DUI attorney right away. A Tampa DUI lawyer can plan a legal strategy to help defend against the charges and advise you of the possible penalties that can be imposed if convicted.

Florida DUI law takes a very stern approach to deter drunk driving. Any driver who is in command of a vehicle and has a blood alcohol level exceeding .08 may be arrested under Florida DUI law. Most would assume that a driver would need to be driving the vehicle in order to violate the Florida DUI law; however, that is not the case. Under Florida DUI law, the driver only needs to be in physical control of the vehicle to be found guilty of a DUI. Florida courts have interpreted the requirement of physical control very broadly. There are many situations in which a driver may be convicted for drunk driving under Florida DUI law without actually driving the vehicle. Regardless, if the defendant was driving the vehicle or not the penalties for drunk driving may be the same. Therefore, anyone accused of drunk driving should always consult a Tampa DUI lawyer for legal advice regardless of the circumstances of the arrest.

Under Florida DUI law, an individual may be found guilty of a DUI even if the car is turned off and the keys are located outside the ignition. Florida courts have ruled on numerous occasions that a person sitting in the driver's seat, who can readily access the car keys is in command of a vehicle and thus may be guilty of a DUI. For instance, if the defendant has a blood alcohol level above .08 and has the car keys in their pocket or purse while sitting in the car the defendant may be found guilty of a DUI. Tampa DUI lawyers are trained to advance legal arguments and defend their client. An experienced Tampa DUI lawyer should always try to defend his client regardless of the factual circumstances of the arrest.  In circumstances where command of the vehicle is in question, a Tampa DUI attorney should try to use prior court decisions that are favorable to his client's position to advocate for his innocence.

Regardless of the circumstances of the DUI arrest a Tampa DUI lawyer may be able to help. A Tampa DUI attorney should be able to use his knowledge of Florida DUI law and court procedures to advocate for his client's innocence.

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