The Rudman Law Group
Call For Free Consultation
561-367-2542

Can you get a DUI if you’re not driving?

After a game, party or night on the town with friends, you may wonder if you are too buzzed to drive safely. While a power nap in your car might be enough to sober up, it may not be enough to save you from a DUI in the state of Florida.

Due to strict regulations for driving under the influence (DUI), you may be cautious about getting behind the wheel at all if you’ve been drinking. Out of fear of being arrested, spending time in jail and getting your license suspended, you may feel “sleeping it off” in your car is a safer choice than taking the risk of driving home. The only problem is that just might not be enough to stay out of trouble.

Is it legal to sleep in your car if you’re drunk?

Florida’s laws state a person is guilty of DUI “if the person is driving or in actual physical control of a vehicle...” This begs the question: What does “actual physical control” mean?

According to the Sunshine State’s bar:

Actual physical control of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.”

So, if you’re buzzed, getting in the driver’s seat to sober up could still get you arrested.

You have rights

If you chose to stay safe after drinking, never even moving your vehicle, you may question your arrest. And, if you failed a breathalyzer, you may want to fight your charges before losing your right to drive.

If you received a DUI when you weren’t even driving, it may not be as bad as you think. With the appropriate help and guidance, you may be able to avoid penalties, stay out of jail and maintain some driving privileges.

No Comments

Leave a comment
Comment Information

101 Plaza Real South, Suite 214
Boca Raton, FL 33432

Toll Free: 800-481-3829
Phone: 561-367-2542
Fax: 561-208-6083
Boca Raton Law Office Map

Call For Free Consultation

Download The Rudman Law Group App

The Rudman Law Group
In Case of Arrest Get it on Google Play
In Case of Emergency Download on the App Store
Get it on Google Play Download on the App Store
  • Panic Button

    Securely saving your information, and get legal help at the touch of a button. Whenever, wherever.

  • Submit Documents

    Easily submit documents to Rudman Law. No more fax machine or scanner needed. The app does all the work.

  • Share The App

    With the share feature, you can easily refer the Rudman Law Group to your friends.

Contact Our Palm Beach County Attorneys Now

For aggressive advocacy both in and out of the courtroom, call our firm at 561-367-2542 or 800-481-3829 toll free to schedule a free initial consultation. You may also contact us online. We accept all major credit cards.

Free initial consultations | All major credit cards accepted

Email Us For A Response Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy