Driving from the bar or club, you realize you are too drunk to be on the road. So, you decide to pull to the side of the road or exit the highway and take a nap for a few hours until you are sober enough to drive home. 

Unfortunately, this can lead to a DUI in Florida. In fact, if you realize you are too intoxicated to drive as soon as you get inside your vehicle and try to sleep it, you may still get arrested. 

According to Florida DUI law, you can be charged with drunk or drugged driving while operating or being in “actual physical control” of the vehicle.  

Whether a person is in such control is based on the following circumstances: 

• The person is in the driver’s seat 

• The person has the car keys in his/her hand 

• The keys are in the ignition 

• The engine is running 

• The tires are warm or there are tracks leading up to the car 

To make it difficult for a jury to reach a guilty verdict is if the engine is off, the keys are out of reach (e.g. in the glove compartment or center console), and the defendant is asleep in the backseat. The farther you and the keys are away from the ignition, the less likely you will be found to have had actual physical control of the car. 

At the Law Office of Armando J. Hernandez, P.A., we recommend that you avoid this type of situation in the first place by calling a friend to pick you up or requesting a ride through Uber or Lyft. If you or a loved one has been arrested for a DUI in Miami, do not hesitate to let our legal help you avoid conviction or harsh criminal penalties like jail time. 

Contact us today at (305) 400-0074 to get more than 19 years of experience on your side!