Arrested for DUI?

Seeking a DUI Attorney in Lake City, Fl.?

Have you just been arrested for DUI in Lake City or Gainesville, Florida? Can a person be arrested for DUI when they aren’t 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 even driving their vehicle.

dui

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 many 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, it is important to 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.

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.

We are defense attorneys in Lake City, FL with offices located in Lake City, Gainesville, and Miami. Before you tell your side of the story, always call and attorney and tell it to us first.