Florida DUI Law - Is Driving Necessary For Conviction

A driver who is in charge of a car and has a blood alcohol level above .08 may be arrested under Florida DUI law. Many would presume that a person would need to be driving the auto in order to violate the DUI law; however, that is not the case. Florida DUI law only requires the driver to be in actual physical command of the vehicle. Florida courts have translated the uirement of physical control very broadly.

There are many circumstances in which a driver may be convicted for drunk driving under Florida DUI law without actually driving the vehicle. Regardless if the defendant was driving the vehicle or not the penalties for drunk driving may be the same. Therefore, anyone confronting DUI charges should always ask for the help of a somekeyword. A Tampa DUI Lawyer can advise his client on the law and suggest a legal strategy to defend against the charges.


Under Florida DUI law, a person who is sitting in the driver's seat without the car even turned on may be convicted of DUI. If the keys are in the ignition or even within grasp of the driver the judge may determine the driver was in actual physical control of the vehicle, and thus guilty of DUI. For instance, if the car keys were in the driver's pocket or purse the court may find the driver was in physical control of the vehicle. However, a good Tampa DUI lawyer can advocate on his client's behalf and try to convince the court that the defendant was not in actual control of the vehicle.

Regardless of the circumstances of the arrest a somekeyword may help. For a free consultation with a Tampa DUI attorney call Florida Law Group. One of our skilled Tampa DUI lawyers will answer your questions and develop a legal strategy to defend your arrest.

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