Legal Question in DUI Law in Florida

If I am parked in a parking spot in florida, slightly over the white line, and I have been drinking, can i be charged with dui, even if no one seen me drive, im just parked illegally.

Asked on 3/26/15, 9:34 pm

1 Answer from Attorneys

Jennifer Jacobs Law Offices of Jennifer A. Jacobs, LLC

The DUI claws in Florida do not actually require a person to drive the vehicle, simply to be in actual physical control. Often, this is established by a person being in the driver's seat with the keys to the vehicle in their possession. The fact that your parking job was not stellar, would probably not be sufficient for the police officer to have reasonable suspicion and therefore detain you, but if the officer began a consensual encounter with you and subsequently determined that you had sufficient indicia of intoxication, the officer could proceed with a DUI investigation.

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Answered on 3/27/15, 6:02 am

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