Florida | DUI Law
3/19/01, 10:06 am
Legal Question
Charged of DWI but wasn't driving
While driving at 2:00 am to locate an open gas station, subject ran out of gas. Pulling into a drive to wait for morning, subject decided to drink the beer purchased earlier. A guard came to the window to ask what subject was doing in private drive, smelled alcohol, and proceeded to call police officers to scene. Subject was then arrested for DUI/DWI. If subject was not drinking and driving but in an automobile, does subject have a proper defense?


