Actual Physical Control DUI

St. Petersburg Actual Physical Control DUI Attorney

If you have been arrested for Driving Under the Influence (DUI), and believe your case involves issues around Actual Physical Control of the vehicle, in the Tampa Bay Area including St. Petersburg, Clearwater, Pinellas County, Tampa, Hillsborough County, or surrounding counties, contact the Morris Law Firm, St. Petersburg DUI Attorney, for specific information about defending APC cases.

What is Actual Physical Control as it Relates to DUI:

To be convicted of DUI, three elements must be proven by the prosecutor:

1. You are either driving or in Actual Physical Control of the vehicle AND
2. You are under the influence of an alcoholic beverage (or other substance) AND
3. Your normal faculties are impaired or your breath / blood alcohol content is .08 or higher.

Actual Physical Control is an extremely important element necessary for a DUI conviction as the prosecutor must prove that the driver was in Actual Physical Control of the vehicle to successfully prove DUI.  Thus, putting forth an argument that the driver was not in Actual Physical Control of the vehicle may prove to be a successful defense.

Elements of Actual Physical Control DUI:

Three factors are typically relied on when a police officer or prosecutor is attempting to establish Actual Physical Control of a vehicle:

1. Either actual or constructive possession over 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.
2. Driver is in the driver’s seat.
3. Evidence that the vehicle was operable.

Facts and Myths About Actual Physical Control DUI:

Drivers not aware of the elements of Actual Physical Control stated above incorrectly assume that in order to be arrested for DUI they must be actually driving the vehicle.  This is of course not true, in fact, in the State of Florida, you can be arrested for simply being in Actual Physical Control of your vehicle while under the influence.

This means that if you are sitting in your parked car attempting to sleep off the effects of a night of drinking, even if the car is turned off and in park, you can still be arrested for DUI.  Even placing the keys outside the car does not save you from being in Actual Physical Control of the vehicle and charged with DUI.  Thus, the often repeated adage that you can put the keys on the roof of the car and sleep it off in the passenger’s seat will not work – you can still be arrested for DUI.

Further, although it is widely thought that the vehicle must be operable to establish Actual Physical Control, there have been cases where the vehicle was not operable at the time of the law enforcement investigation and the person has still been arrested for DUI.  For example, if the vehicle has a flat tire or the battery has died, the vehicle is technically inoperable at the time of investigation, yet courts have held the driver can still be found in Actual Physical Control based on circumstantial evidence that the vehicle somehow got to that location via driving when it was operable.  However, if a vehicle was missing all four tires, or suffered some mechanical defect that rendered it completely immobile rather than temporarily immovable, that distinction is important and would likely constitute an inoperable vehicle, and one that would not lead to Actual Physical Control being met as an element for a DUI conviction.

Aggressive Prosecution of Actual Physical Control DUI:

In cases of aggressive prosecution for Actual Physical Control DUI cases, prosecutors have pursued convictions where drivers were found in the backseat or even outside the vehicle.  Strict interpretation of the law in the State of Florida holds that to be in Actual Physical Control of a vehicle the driver must be either in or on the vehicle.  However, there have been instances where a person was arrested for DUI when they were outside their vehicle and several feet away from it, but because there was no one else in the immediate area, the court found that circumstantial evidence allowed for Actual Physical Control to be proved in those instances.

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What To Do Next:

If you have been arrested for DUI and believe your case involves questions around Actual Physical Control:

1. Don't speak to the police - ask to have an attorney present.
2. Don't give a written statement – again, ask to have an attorney present.
3. Contact an attorney immediately.
4. Collect and document your own evidence.

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You only have TEN (10) DAYS after your arrest to file a motion to challenge the administrative suspension of your license. You must act within ten (10) days of your arrest to challenge this administrative suspension.

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Potential Defenses:

Because Actual Physical Control DUI cases involve numerous questions of fact which are frequently open to interpretation, they are often successful in getting acquitted by a jury.  Thus, hiring an experienced DUI lawyer is of the utmost importance and can make all the difference in your DUI case.

• Investigative Mistakes by Law Enforcement
• Insufficient Evidence
• Accident Report Privilege
• Mistaken Identity

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Morris Law Firm | Actual Physical Control DUI Attorney

If you have been arrested for DUI and believe that your case involves issues of Actual Physical Control, contact a St. Petersburg DUI Attorney to discuss possible defenses that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our online form to be contacted for a Free Initial Consultation. The Morris Law Firm can help and has specific knowledge and experience in DUI misdemeanor charges and DUI felony charges defense for clients throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).