Legal Question in DUI Law in Florida

if someone is parked on the side of the rode asleep and has been drinking can they be charged for DUI


Asked on 4/16/11, 9:34 pm

1 Answer from Attorneys

Amir Ladan The Ladan Law Firm, P.A.

Florida law states that a person can be charged with DUI if they are driving or are in actual physical control of a motor vehicle at a time when their normal faculties were impaired, which can include sleeping in the vehicle. There are some factors that will be considered in determining what constitutes "actual physical control." For example, if the driver is asleep at the wheel with the car running, the driver can be charged w/ DUI. That being said, there are other facts & circumstances that will play a role in how the case is perceived & what will ultimately come out of such a case. DUI law is complex & how they are handled varies widely from one county to the next. If you've been arrested for DUI, I recommend you call & speak with a lawyer immediately to preserve your rights.

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Answered on 4/17/11, 7:06 am


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