Legal Question in DUI Law in Florida

Charged of DWI but wasn't driving

While driving at 2:00 am to locate an open gas station, subject ran out of gas. Pulling into a drive to wait for morning, subject decided to drink the beer purchased earlier. A guard came to the window to ask what subject was doing in private drive, smelled alcohol, and proceeded to call police officers to scene. Subject was then arrested for DUI/DWI. If subject was not drinking and driving but in an automobile, does subject have a proper defense?


Asked on 3/19/01, 10:06 am

1 Answer from Attorneys
Stan Halbert Stanley Halbert, P.A.

Re: Charged of DWI but wasn't driving

The law in FL allows a conviction for DUI for simply being in "physical control", even though a person is not actually driving the car. It does appear as if you might have a defense to the "physical control" element if the vehicle was inoperable due to it being out of gas. If you would like a consultation, please feel free to call me at 407-679-3823.

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Answered on 5/26/01, 3:56 pm


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