What is Actual Physical Control in DUI Cases?

The Role of Actual Physical Control in DUI Cases

In Florida, the law (Section 316.193) defines Actual Physical Control, when it comes to Driving Under the Influence (DUI) as being in “Actual Physical Control” of the vehicle. In Florida, Actual Physical Control refers to the ability to operate or direct the actions of a vehicle or other piece of machinery, similar to other states. However, Florida laws have specific provisions that outline what constitutes Actual Actual Physical Control in relation to driving under the influence (DUI) offenses.

Florida law states that a person is in Actual Physical Control of a vehicle if he or she is in the driver’s seat of a vehicle, with the engine running or with the keys in the ignition, or in Actual Physical Control of a vehicle while under the influence of alcohol or drugs.

This means that in Florida, a person can be charged with DUI even if they are not actually driving the vehicle, but they are in the driver’s seat with the keys in the ignition or in Actual Actual Physical Control of the vehicle, this could be enough to establish that the person was in Actual Physical Control of the vehicle and that they were in violation of Florida’s DUI laws.

Furthermore, Florida law is strict when it comes to “drunk in parked car” scenarios. It is illegal to be in Actual Physical Control of a vehicle while under the influence of drugs or alcohol, even if the vehicle is parked, off the roadway, or not in motion. This includes situations where the driver is passed out or unconscious behind the wheel, but the vehicle’s keys are within reach, thus considered to be in Actual Physical Control.

It is important to note that in Florida, like other states, a Actual Physical Control conviction is considered a DUI offense and can carry severe penalties, including fines, jail time, community service, and the suspension of your driver’s license. Additionally, multiple convictions can lead to more severe penalties, including longer prison sentences and permanent revocation of your driver’s license.

If you have been charged with driving while under the influence in Jacksonville, Florida, it is crucial to seek the advice of an experienced Jacksonville criminal defense attorney who can help you understand your rights and the potential consequences of a conviction. Our team at Lockett Law will work with you to build a strong defense strategy and work to help you achieve the best possible outcome for your case.

DUI Defense Lawyer in Jacksonville, FL

If you or a loved one has been charged with driving under the influence (DUI) in Jacksonville, Florida, it is essential that you seek the help of an experienced DUI defense lawyer as soon as possible. The consequences of a DUI conviction can be severe and long-lasting, and you need a skilled and dedicated attorney to protect your rights and defend your interests.

Lee Lockett is a DUI defense lawyer in Jacksonville, FL who has the knowledge, experience, and resources to provide you with the legal assistance you need to navigate the complex legal system and work to achieve the best possible outcome for your case. He understands the impact a DUI conviction can have on your life, and will work tirelessly to build a strong defense strategy that will help you achieve the best possible outcome.

Don’t risk your freedom and your future by trying to handle your DUI case alone. Contact Lee Lockett today and schedule a consultation to discuss your case. He understands that being charged with DUI can be a stressful, overwhelming and confusing experience, and he will provide you with the guidance and support you need to navigate the legal process and defend your rights.

Don’t hesitate to call now at (904) 447-8950, Lee Lockett will provide a free and confidential consultation. Act now and call today to schedule a consultation with Lee Lockett.