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Orlando Criminal Defense Lawyer > Blog > DUI > Can You Be Charged With A DUI In Florida Without Driving Your Car?

Can You Be Charged With A DUI In Florida Without Driving Your Car?


The state of Florida, like all other states in the nation, has laws that make drunk driving illegal. Being caught, charged, and convicted of drunk driving will have significant penalties and harsh repercussions. Multiple DUIs will increase the severity of these punishments.

After an arrest for an alcohol-impaired driving incident, speaking with an attorney immediately can help you better manage your situation. A DUI arrest is not ideal and a tricky predicament for anybody, but with the help of an attorney, it may be possible to secure the most favorable outcome. In Florida, the Orlando DUI defense attorneys at Joshi Law Firm, PA, can defend your rights while also fighting on your behalf to have your charges dropped or your penalties lessened.

A DUI Without Driving

There are many reasons why drunk driving is not tolerated in civil society, the most critical being that it is incredibly dangerous. Drunk drivers put themselves, anyone they have in their vehicle and anyone around them at increased risk for an accident that has the potential to inflict debilitating injuries and death. This is why there are limits on how much alcohol can be in one’s system when one operates their vehicle and why there are strict penalties for drunk driving.

Still, drunk driving remains a widespread problem in Florida and across the country. In 2017 alone, 5,125 drunk driving accidents were reported in the Sunshine State, and as a result, 350 people lost their lives that year.

Typically, when it comes to a DUI, the question of whether or not a person was driving at the time of the arrest is usually not asked or even considered. This is because it is often just assumed that a driver sitting behind the wheel was in operation of their car at the time of their arrest if they are charged with a DUI. Though, there are situations where a driver can still be arrested for a DUI even if they are not actively driving their vehicle.

It is true if you are sitting in the driver’s seat and you have your car’s keys in the ignition, even if you do not turn it to start your vehicle, you could be arrested for a DUI. Should you have a blood alcohol content of .08% or more, that is enough to put you in handcuffs and behind bars. This is because the argument can be made that you were in a position to have control over your car. When your BAC is above the legal limit to drive, you can bet that an officer that finds you in this position will treat your situation just the same as if you were driving your vehicle.

Speak to a Florida DUI Defense Attorney Today

It may sound confusing or unfair that you could be charged with a DUI even if you are not operating your vehicle, but Florida’s DUI laws allow for this situation to be criminally punishable. So like it or not, you do not even have to be driving your car to be vulnerable to having a DUI arrest and then facing the accompanying penalties.

After a DUI arrest in Florida, it is best to get in touch with an attorney as soon as possible. Please call the experienced Florida criminal defense lawyers at Joshi Law Firm, PA, at (407) 661-1109. For your convenience, initial consultations are free.



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