Four Strange Ways To Get A DUI In South Florida
There are the Florida DUI roadside stops that you expect: If you are speeding and erratically changing lanes, then blow through a stop sign while chugging a bottle of booze, police WILL pull you over. However, there are many other legal details contained within the language of Florida’s statute on drunk driving, and many of them scenarios that you probably think could never lead to charges. Unfortunately, these unusual ways to get arrested for DUI are still punishable in the same way. You face $500 to $1,000 in fines, a jail sentence up to six months, and a driver’s license suspension – just for a first conviction.
Another similarity between unusual drunk driving arrests and run-of-the-mill cases is that retaining a Fort Lauderdale DUI lawyer is essential. Still, you might be able to avoid charges when you know the weird ways to get a DUI in South Florida.
- Your vehicle was parked: The specific language of Florida’s DUI statute refers to “actual physical control” over a vehicle, so it does not matter if you were parked; it is also irrelevant that your car’s engine was off or the keys were not in the ignition. If you have the present ability to engage the engine and exercise control, you could be arrested for drunk driving.
- You were not operating an automobile: It makes sense that DUI laws apply to other motorized vehicles besides passenger cars, like trucks, motorcycles, and motorized scooters. You might be surprised to learn that you could be arrested for drunk “driving” a bicycle, tractor, ATV, golf cart, lawnmower – and even a horse. This is because Florida’s DUI statute includes a very broad definition of what constitutes a “vehicle.” Any device by which a person can be transported upon a roadway falls under the prohibitions of the law.
- You were traveling under the speed limit. It is often the case that an inebriated driver thinks that driving slowly will not attract the attention of police. You might also believe that you cannot be pulled over unless you violated some other traffic law. In truth, officers can detain you for exhibiting any type of conduct that gives them reasonable suspicion to stop you. Once they have you pulled over, they need probable cause to make an arrest.
- You were on private property. You might not expect to get a DUI if you are on private property, but – again – the statute contains broad language on where you can be arrested. Police can charge someone with drunk driving anywhere “within this state,” so do not think you are safe simply because you are at home.
Trust a Florida DUI Defense Attorney to Protect Your Rights
Though these ways of getting arrested for drunk driving may seem unusual, you still have the same rights in a DUI case. The key to fighting the charges and defending your interests is retaining experienced legal counsel for assistance, so please contact attorney Kevin J. Kulik right away. We can set up a consultation at our Fort Lauderdale office to review your case and determine strategies to obtain the best possible outcome.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html
