Can I get a DUI in Pinellas for just sitting in my car?

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Q: Can I get a DUI  in Pinellas for just sitting in my car?

A: Anytime an intoxicated person is near a motor vehicle there is a likelihood of an arrest for DUI in Florida. Though legally the police must have probable cause to arrest you for DUI there are situations were the police may be wrong on applying probable cause to their DUI investigation. If a person is sitting behind the wheel, intoxicated and has the keys in their possession they will be arrested for being in “actual physical control” of the vehicle. Actual physical control continues to be defined by the courts. If a person is intoxicated and has the keys in their possession standing around or near their car they are in the danger zone for driving under the influence. Florida law allows for a person “driving or in actual physical control” of a vehicle to be arrested and charged with DUI.

There are many questionable DUI arrests in Pinellas, Pasco and Hillsborough County. If you suspect you have been wrongly charged with DUI then call our Tampa Bay DUI Defense Lawyers today. We provide free consultations and detailed explanation of what to expect for those who are unaware of the criminal system.

Criminal Process BookTo learn more about the criminal process, check out our newest guide to help you through the process. You can order our book here.

The Rooth Law Group

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