Arrested for DUI? Do you have to be driving to be arrested for DUI in Lake City or Gainesville, Florida?
Have you been arrested for DUI in Lake City or Gainesville, Florida? Can a person be arrested for DUI when they are not driving the vehicle? I know this may sound like a silly questions, but the surprising answer is YES! There have been several cases of people being arrested for DUI when they are actually not driving their vehicle.
To be arrested for a DUI (Driving Under the Influence) the defendant must be found with a blood alcohol content over the legal limit, and must be in physical control of the vehicle.
Notice it does not say the person must be driving a vehicle.
This is a situation in which a knowledgeable criminal defense attorney is absolutely needed. The attorney can argue the fact that although a person was intoxicated, there must be proof of intent to drive or have recently driven the vehicle.
Having physical control of the vehicle means the person must be physically in or on the vehicle, and have the capability to operate the vehicle.
In the Florida case of Griffin v. State, the guilty charge of DUI was upheld for several reasons. The engine was off, but the keys were in the ignition, the lights were on and the foot brake was pressed (known because the rear brake lights were illuminated). But perhaps the main indicator was that the car was stationary in a traffic lane facing the opposite direction of the flow of traffic.
It is highly recommend that a person not try to ‘sleep it off’ in their vehicle after a alcohol has been consumed. But if you must sleep in your vehicle after drinking, here are some recommendations:
- Do not have the keys in the ignition or in your pocket. Put them on the passenger side tire; put them in the trunk if you have a trunk release, or somewhere not easily available to you.
- Do not sit in the driver’s seat. Sleep in the back seat if possible (without the keys on you).
- Do not have open containers in the vehicle. Do not even have cups with the smell of alcohol near you.
- Do not move the vehicle at all. Not to straighten it out, not to move it out of the way of another vehicle; do not move it at all.
- If the police stop to check on you, always be polite and have your ID available to show.
If charged with a DUI, call a reliable criminal defense attorney as soon as possible; this is not something that will go away on its own. Being found guilty of a DUI can have immediate, severe, and even long lasting effects to your permanent record. At The Law Offices of Travis Koon, we listen to all the facts, then work to reduce the charges as much as possible.
EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA CRIMINAL DEFENSE ATTORNEY
At www.koonlegal.com and Attorney Travis Koon, we know that if found guilty, some of these charges can change your life completely.
At www.koonlegal.com , Criminal Defense Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue the best defense for your case. Attorney Travis Koon has represented people charged with crimes his entire career. Criminal Defense Attorney Travis Koon has helped over 1,500 clients avoid jail time and the loss of their freedom. Attorney Travis Koon has conducted over 40 criminal trials and many of those trials were in the immediately area surrounding Live Oak, Florida, Lake City, Florida and Gainesville, Florida. Attorney Travis Koon is a member of the Florida Bar and Georgia Bar. In addition, Attorney Travis Koon is a member of the Federal Middle District and Northern District. Attorney Travis Koon is experienced in criminal cases in State and Federal Court.
Travis Koon, Attorney
Live Oak, Lake City & Gainesville, Florida
Live Oak and Lake City-386-597-0000