My boyfriend got drunk at a party and I tried to get him to let me drive but he wouldn’t. We got pulled and they gave me a DUI but I wasn’t driving! How can they do that and what should I do about it?
Ms. Colbert is correct, you must be an actual physical control of the vehicle, which can apply and scenarios where the car is not turned on. In general, elements of actual physical control are:
- Either actual or constructive possession of the key to the vehicle or proof the vehicle can operate without a key. This means that so long as the key is found either in the ignition, on the driver’s person or in close enough proximity to the driver that the driver can easily access it, this element of actual physical control is satisfied;
- Driver is in the driver’s seat; and
- Evidence that the vehicle was operable.
However, there is a significant body of case law that provide guidance regarding the applicability of these elements to certain certain fact patterns, but you have not providing enough facts for anyone to answer your question. Contact a Florida DUI attorney for a free consultation. Also, do not mention specific facts about your case on a public message forum, since your posts can be used against you in court (if the officer(s) or prosecuting attorney discovers your post).
