To be convicted of driving under the influence of alcohol or drugs in Florida, you must be in "actual physical control" of a vehicle. The term has been construed surprisingly broadly by the courts. For example, sleeping in the driver's seat of a motor vehicle has been deemed to be actual physical control, both when the vehicle was on a public street and on private property, like a driveway. Similarly, you can be in actual physical control even if the keys are not in the ignition. In both of these cases, you are not required to have any intention of driving while you remain impaired.
This issue came to public attention again in a recent well-publicized Minnesota case. The state of Minnesota has similar DUI laws to those in Florida, although they are not identical and are open to construction by the courts of that state. Police officers discovered Daryl Fleck sleeping or passed out in his vehicle close to midnight in the parking lot at his apartment complex. Fleck's car keys had been placed on the console. Police arrested him after determining that he had a blood alcohol concentration of 0.18 percent, far above the state's "legal limit" of 0.08 percent, the level at which intoxication is presumed.
Fleck was convicted and appealed his case on the basis that he was not in physical control of the vehicle and that sleeping drunkenly in his own car at his home should not constitute driving under the influence. The court affirmed the conviction, finding that "Fleck's keys were readily available to him, and there is no evidence ... that his purpose for being in the vehicle was inconsistent with driving."
If you have been arrested or charged with driving under the influence, contact the Tampa DUI defense attorneys at Musca Law today. With decades of experience handling DUI and other criminal matters, you can trust the experience of our DUI lawyers.
This issue came to public attention again in a recent well-publicized Minnesota case. The state of Minnesota has similar DUI laws to those in Florida, although they are not identical and are open to construction by the courts of that state. Police officers discovered Daryl Fleck sleeping or passed out in his vehicle close to midnight in the parking lot at his apartment complex. Fleck's car keys had been placed on the console. Police arrested him after determining that he had a blood alcohol concentration of 0.18 percent, far above the state's "legal limit" of 0.08 percent, the level at which intoxication is presumed.
Fleck was convicted and appealed his case on the basis that he was not in physical control of the vehicle and that sleeping drunkenly in his own car at his home should not constitute driving under the influence. The court affirmed the conviction, finding that "Fleck's keys were readily available to him, and there is no evidence ... that his purpose for being in the vehicle was inconsistent with driving."
If you have been arrested or charged with driving under the influence, contact the Tampa DUI defense attorneys at Musca Law today. With decades of experience handling DUI and other criminal matters, you can trust the experience of our DUI lawyers.
