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Can I be stopped and arrested for DUI or DWI in Florida even if the vehicle was not moving?

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Can I be stopped and arrested for DUI or DWI in Florida even if the vehicle was not moving?


Can I be stopped and arrested for DUI or DWI in Florida even if the vehicle was not moving?


Yes, you can be stopped for a DUI even if the vehicle was not moving or was not running. That’s under the premise of what we call actual physical control or APC for short. What that means if you are in the driver’s seat or possibly in the passenger’s seat but you had the means to control that vehicle, dependent on the situation, the officer may be able to show that you were in actual physical control of that vehicle and then arrest you for DUI. Now the question is what about if the vehicle was not operational such as it was a junk vehicle. Then the answer would be no. That’s one of the elements that the state has to show, that the vehicle was actually operational before you can be arrested or convicted of an APC case.

Couple Inside Car After Road Traffic Accident With Male Driver Suffering Whiplash Injury

Personal Injury

Slip & Falls, Premise Liability, Dog Bites

Traffic Accidents

Car Accidents, Motorcycle Crash, Bicycle Accident

Family Law

Divorce, Child Custody, Child Support, Alimony, Injunctions

Handcuffed hands

Criminal Defense

Domestic Battery, VOP, Drug Possession, Theft, Sex Offenses

Male Driver Being Handcuffed And Arrested By Female Traffic Police Officer For Driving Offence

DUI Defense

Reduce Your Charge, Breath Test Refusal, Improper Stop, Field Sobriety Tests

General Law Information

Testimonials

Hear stories from our clients

Reach Out!

Phone

(813) 341-2232

Locations

23554 S.R. 54, Lutz, FL 33559
306 S. Broad St. #2520, Brooksville, FL 34601

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