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

Posted by Michael G. Butash | Aug 11, 2017 | 0 Comments

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.

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...

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