Legal Question in DUI Law in Florida

Is it a crime in Florida for a person to sit in their car with the keys in the ignition drinking alcohol? If not drunk driving, is it public intoxication, an open container violation, drunk in public, or what? I have neighbors in my apartment complex that management refuse to get a handle on, they drink on the stairs heading up to the second floor, in the parking lot, on sidewalks, in cars, and even behind the dumpsters. Is there any legal recourse to have them arrested at least overnight to try to get some quiet without being identified as the reporting party, especially when they only understand English when it's convenient for them and when you offend them, whether asking them to step aside to access the stairs, you end up fearing for not only your safety, but fearing for what they might do to your parked vehicle?

Asked on 12/25/18, 7:29 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

If a person is in a car with keys in the ignition then the law considers them in control of the vehicle. Thus an officer could investigate them for a DUI or open container.

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Answered on 12/25/18, 8:43 pm

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