Peterford Law, Criminal Defense Attorney for DUI & Felony Charges in Palm Beach County
Can You Get a DUI in Florida if You're Not Driving?

Posted on Jan 15th 2024


Can You Get a DUI in Florida if You're Not Driving?

Understanding Florida's driving under the influence (DUI) law is crucial for anyone who consumes alcohol and has access to a vehicle. A common misconception is that one must be actively operating a vehicle to be charged with a DUI. However, it is important to note that in Palm Beach County, you can still face a DUI charge even if you are not driving.

The Legal Definition of “Driving” Under DUI Laws

According to Section 316.193 of the Florida Statutes, the definition of "driving" extends to being in "actual physical control of a vehicle" when facing charges for driving under the influence.

But what does "actual physical control of a vehicle" mean? It means that even if you are in a parked and turned-off vehicle, you can still be considered capable of operating it while impaired. The mere presence of keys inside the vehicle is sufficient to establish actual physical control. As a result, seemingly responsible choices, like sleeping in your car or waiting for a ride while warming up in your vehicle, can still result in a DUI conviction.

The Harsh Reality of DUI Offenses

DUI offenses in Palm Beach County often carry severe penalties, including hefty fines, driving restrictions, and even jail time, but more importantly, they can jeopardize your safety and the safety of others. These penalties are in place to deter people from putting themselves and others at risk. For repeat offenders or cases where the DUI leads to accidents causing physical harm or property damage, the legal consequences become even more severe.

Why Choose Peterford Law for Your DUI Case?

After nearly four years of aggressive prosecution, Kevin dedicated his time to criminal defense. With a prosecutor’s background in DUI arrests, drug trafficking, and other felony crimes, Kevin has an edge over most DUI defense attorneys in Palm Beach County. With his inside knowledge and compelling negotiation skills, Kevin provides excellent legal representation for his clients. Contact us today for a free case review.

A client meeting with Peterford Law to discuss a DUI charge in FLorida where they weren't drivng.