Here is an interesting question: If a driver goes out to party and found out that he is intoxicated with alcohol and realizes that he should not drive and decides to get sober by sleeping or relaxing in his car on the passenger side of the car. can he be charged with anything?
2 Answers from Attorneys
Good question! You can not be found guilty of DUI unless you are in "actual physical control" of the vehicle. This means that you must have the ability to control a drivable vehicle. There is a lot of case law on this issue but to simplify the answer.....if you are to drunk to drive and need to "sleep it off", lay down in the backseat or passenger seat and do NOT keep your keys in the ignition or even your pocket! Instead place the keys in the compartment box or away from you in the car....
Goodluck and if you should have anymore DUI questions, feel free to review my website under DUI/BUI.
www.BlakeDorstenLaw.com
(727)286-6141
Unfortunately, a cop, and ultimately the State Attorney, have wide latitude in what they can proceed under with an "actual physical control" DUI case. In the vast majority of cases, what constitutes "actual physical control" of a vehicle in Florida is a question for a Jury. Meaning, the cop *could* go out on a limb and charge the person int he above situation with a DUI. And a defense Attorney would have a difficult time dismissing the case as a matter of law.
Getting a Jury to convict a person for trying to sleep off the alcohol in the passenger seat is another matter.
Christian Denmon
Tampa DUI Attorney
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