Dui Or Not

[confusedgirl701]

What is the name of your state? FLORIDA

A 28 year old man has been taking xanaxs and has drank one beer... he is driving down the highway and relizes he is to messed up to drive so he pulls in to a chevron gas staion and pulls the keys out of the starter and puts them under the seat and passes out.... the owner of the store calls 911 because she thinks he is DEAD.. the officers charge him with a DUI but he was not driving at the time he had an incounter with law enforcement and the keys were no in the starter...so how is it possible to charge him with a DUI which is DRIVING UNDER THE INFLUENCE but he wasnt driving so can u explain.. and know he is at court facingg jail time or licence suspension..

 

[seniorjudge]

What statute are you charged under?

 

[numbopaige]

may not matter that he wasn't driving

In TX, it doesn't matter if you're not caught in the act of driving. My attorney has a case right now, guy pulled over, keys out of the ignition to sleep it off and he was charged with DWI. You'll have to check on Florida law.

 

[elmuchoprez]

Most DUI laws have been clarified to include any time you are in control of a vehicle. Basically, if you're within reach of the keys or could easily get to them, the vehicle is considered under your control.

 

[seven53]

From state of Florida.com....

"You can be charged with DUI if you are found to be driving or in actual physical control of a motor vehicle in the state while under the influence of alcoholic beverages or controlled substances."

http://stateofflorida.com/Portal/DesktopDefault.aspx?tabid=211


What you did, I mean what the 28 year old man did is called physical control.

 

[seniorjudge]

What statute are you charged under?

Sorry.

I mean, what statute is YOUR FRIEND charged under?

 

[FlyingRon]

What you did, I mean what the 28 year old man did is called physical control.

What the man did is called driving. Just because he wasn't still driving at the time of arrest doesn't change things.

 

[BigMistakeFl]

BigMistakeFl

Someone I know here in Florida was charged with DUI. She has no memory of the events, but was passed out in the back seat of the car. She was successfully prosecuted for DUI as having control of the vehicle.

Why? Because had she awakened at some point before they got to her, we assume she would have attempted to drive home.

 

[seven53]

What you did, I mean what the 28 year old man did is called physical control.

What the man did is called driving. Just because he wasn't still driving at the time of arrest doesn't change things.

No, he is not driving. He is passed out in a parked vehicle with the keys under the seat. He is in physical control of the vehicle, as described in the Florida traffic code. The man will be charged with DUI as Florida doesn't differentiate between operating and physical control. Some states do. In my state of Ohio, Physical control is a separate offense and would apply in this situation. The penalties are less severe than DUI.

 

[FlyingRon]

No, he is not driving. He is passed out in a parked vehicle with the keys under the seat. He is in physical control of the vehicle, as described in the Florida traffic code. The man will be charged with DUI as Florida doesn't differentiate between operating and physical control. Some states do. In my state of Ohio, Physical control is a separate offense and would apply in this situation. The penalties are less severe than DUI.

That would be fine if he asserted he crawled into the car and went to sleep after exiting a bar or something, or the police couldn't otherwise show he had been driving. But if they have the testimony from witnesses or his own statement that indicates this following passage from the original post:

A 28 year old man has been taking xanaxs and has drank one beer... he is driving down the highway and relizes he is to messed up to drive

He is guilty of DUI.

 

[CdwJava]

so how is it possible to charge him with a DUI which is DRIVING UNDER THE INFLUENCE but he wasnt driving so can u explain

Well, unless he can argue that he was teleported to the store, I imagine that the store clerk can testify that the vehicle arrived there and the person in the driver's seat and in control of the vehicle was the person that drove it in. Unless your friend can argue that a mysterious stranger (that always puts a smile on the judge's lips) drove your friend there, put him in the driver's seat, and then left, he was in control of the vehicle.

- Carl

 

[SillyPuddy]

I"m not sure why lawmakers use the phrase "in control of" in these DUI laws. They should just state what they what they really mean which is if someone is in a motor vehicle with alchohol in their system, they're eligible to charged with a DUI.

They really need to change the acronym "DUI" or "OWI". Niether of those fit how things really work.

 

[CdwJava]

For the most part, it is the public and the media - and sometimes legislative proclamation - that give various impaired driving laws those acronyms - not the enforceable statutes. In my state the term "DUI" and "driving under the influence" does not appear in any of the applicable statues that are charged. This is why it is so important for posters to indicate the section of the law they are charged with and not just that they were popped for DUI/OWI/OMVI, etc.

- Carl

 

[seven53]

But if they have the testimony from witnesses or his own statement that indicates this following passage from the original post

:
But as far as we know, they don't.

He is guilty of DUI

Negative. He will be charged with DUI. IF Florida had a Physical Control ordinance, he would be charged with Physical Control. Again, Florida does not differentiate from the two, therefore he will be charged with DUI.

 

[fagettaboutit]

What is the name of your state? FLORIDA

A 28 year old man has been taking xanaxs and has drank one beer... he is driving down the highway and relizes he is to messed up to drive so he pulls in to a chevron gas staion and pulls the keys out of the starter and puts them under the seat and passes out.... the owner of the store calls 911 because she thinks he is DEAD.. the officers charge him with a DUI but he was not driving at the time he had an incounter with law enforcement and the keys were no in the starter...so how is it possible to charge him with a DUI which is DRIVING UNDER THE INFLUENCE but he wasnt driving so can u explain.. and know he is at court facingg jail time or licence suspension..

Wow, remember when the "war on drunk drivers" was simply about getting drunk drivers off the road in the name of safey? Flash forward: it's now about punishing anyone who drank and drove and still pulled over without ever hurting anyone...in the name of "could have hurt someone". Your friend is was charged with DUI based on the fact that he was "in control". A fancy term added while you weren't paying attention. There are more fancy terms being added to the law...while you're still not paying attention. Did you know you don't need to being drinking alcohol to be arrested for DUI?

Bottom line, your friend needs a really good DUI lawyer -- not a lawyer who THINKS they know DUI laws -- but a lawyer who specializes in DUI law.

Good luck