Legal Question in DUI Law in Florida

Sitting in my car with keys in ignition

I had dinner and 2 glasses of wine. I had gone to the car to get some candy thinking I was hypoglycemic. I did start the car to pt the air on.

I was taken out of my car. I told the officer I was Diabetic and he told me he didn't care. I was put in jail over night and given insulin. Does the Lawrence Talyor ruling work in Florida? They said my breathalizer was1.01...


Asked on 6/22/09, 4:00 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Sitting in my car with keys in ignition

DUI in Florida includes not just driving, but being in "actual physical control of a motor vehicle." The prosecution's theory will be that, by being in the driver's seat of a running motor vehicle, you were in "actual physical control" even though you weren't driving.

Actually, it's a pretty good theory, and it almost always works for the prosecution.

A hypoglycemia crash is usually a pretty good excuse for acting "drunk," but the breathalyzer score may sink your defense, since your reading was high. I assume that you mean something like .11 or thereabouts. If you were at 1.01, you'd be dead.

It's shocking that they gave you insulin if you were hypoglycemic. As I'm sure you are aware, it could have killed you. Still, as awful as it is, it may help your defense, and it sounds like that are a few points to your case that a good defense attorney can work with.

Read more
Answered on 6/22/09, 10:42 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Florida