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You do not have to be driving to get a DUI

| Jan 21, 2020 | Uncategorized |

An arrest and conviction for drunk driving can derail your life pretty quickly. Florida has some of the toughest drunk driving laws in the country, and a conviction even for a first offense could mean expensive fines, extended license suspension and the possibility of months behind bars. Perhaps you know someone who went through this and is still recovering from the personal, financial and professional damage such a conviction can cause.

This is why you may monitor the amount of alcohol you drink or arrange for alternative ways home after a night on the town. However, did you know that driving after drinking is not the only way you may risk a DUI arrest? While the laws in every state are different, if authorities determine your impairment by alcohol is placing you or others at risk, you do not necessarily have to be operating a motor vehicle for police to arrest you.

Unusual DUI circumstances

You may have been in a situation where you felt fine to drive home, but on your way, you realized you should not have been behind the wheel. So you pulled over, turned off the vehicle and took a nap. Unfortunately, your efforts to do the right thing may not protect you from a DUI arrest. As long as officers determine you have actual physical control of the vehicle, they can place you under arrest. Even if you climb into the back seat, you may not avoid this outcome.

Impairment in a parked car is not the only unusual situation that places you at risk of a DUI arrest. Others include the following:

  • Driving a tractor, lawn mower or other machinery while impaired
  • Having open containers of alcohol in your vehicle
  • Riding a bike or a moped with a blood alcohol content of .08 or higher
  • Operating a boat, jet-ski or other recreational watercraft under the influence of alcohol
  • Driving a golf cart while impaired
  • Driving a vehicle while impaired on private property if there is concern that you or others are in danger

These may not be the only circumstances under which you may be at risk of arrest for DUI. In fact, Florida statutes may allow officers some flexibility for the situations under which they may arrest someone for impaired driving. If you are facing DUI charges, even if you were not behind the wheel of a moving vehicle, you would be wise to seek legal advice about the most appropriate ways to fight the charges against you.