You may have heard of situations where people were in their car and not driving, and they were arrested by the police for DUI. It is a common belief that if you don’t have the keys in the ignition, the police cannot charge you with DUI. That is simply not true.

The fact is, you do not have to be driving to be arrested for a DUI. You just need to be in the driver’s seat of a car and be in possession of the keys. To the law in most states, this means you are in physical control of the car, even though you are not driving. Your keys do not even have to be in the ignition.

In every Florida DUI  cases, there must be proof of “driving” or “actual physical control.” If a police officer or another witness is able to identify you as the individual who moved the vehicle (however short the distance,) then the element of “driving” is satisfied.

In October 2016, according to ABC Action News,  a St. Petersburg police officer was arrested for a second time during his law enforcement career for drinking and driving, while he was off duty.

Officer Anthony Green started his career with the department in 2005. Chief Anthony Holloway said Green was suspended in 2010 after he was convicted of DUI. The chief of police said he more than likely received some sort of counseling. Part of their policy states officers, who have had a DUI, cannot drink a sip of alcohol for 5 years with the potential of being randomly tested.

Then late that night, Pinellas County Sheriff’s deputies found Green behind the wheel and asleep in his own car. It was stopped along Gulf Boulevard near Madeira Way in Madeira Beach. If a police officer can be arrested while asleep in his car, you can assume that anyone would be arrested in this situation.

If you have been arrested in similar circumstances, you should consult with an attorney to see if there are any circumstances that could aid in your defense.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.