Close X

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/...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

“Choosing The Proper Attorney Is The Single Most Important Decision That You Could Be Making In Your Life.”

Have any questions?

Click the button below to view our “Publications and Opinions” page, where we might have the information & advice you are looking for!

Click Here To View Publications and Opinions

Think You Have A Case?

Connect With Us Today!

There Is No Commitment; And We Will Quickly Inform You Of How We Can Help.

LawPay

Cash App CashTag- $ButashLaw

Venmo - @ButashLaw

Butash Law Group
23554 State Road 54
Lutz, FL 33559
(813) 341-2232
Brooksville Location - By Appointment Only
306 S Broad St , #2520
Brooksville, FL 34601
813-341-2232