Even though DUI is an acronym for driving under the influence, police can still make an arrest without proof of driving. Due to the severe consequences that these charges can have, it is important to understand the unique circumstances in which these arrests may occur. Plus, you will need the very best DUI defense Daytona Beach on your side. Continue reading to learn more about these important situations.
Being in control of the vehicle is just as important as driving it
What does it mean to “be in control” of your vehicle? This question is often the deciding factor for police when making DUI arrests of people in parked cars. Simply put, being in control of the vehicle means that you have the power and means to operate the car. If you are inside a car with its keys, police may determine that you are in control of it without so much as ever turning it on.
Is there an intent to drive?
Police may arrest you if you are in control of the vehicle and have intent to drive. For example, the keys being in the ignition even if the car is still off. In this case, you would likely be charged with a DUI with intent to drive, which bears the same consequences as DUIs with no proof of driving.
Find a bed, not a car
No, vehicles are not a safe place to get some sleep when you are under the influence. It makes no difference if you have no intent to operate the vehicle. Because of Florida’s implied consent law, police have the right to order blood, urine, or breath tests from people in control of vehicles with BAC levels over the legal limit of 0.08% – even if they are simply sleeping. Furthermore, if police suspect the influence of non-alcoholic substances such as marijuana, they can make an arrest with a BAC level of 0.00%.
How to fight back against DUIs while not driving
With the help of aggressive Daytona Beach DUI attorneys, it is possible to have your charges reduced or even dismissed. This will keep you out of jail and help avoid losing your driving privileges. Common defenses against this type of case include:
- Proving you were not in control of the vehicle.
- Proving you did not have the intent to drive.
- Never speak without your lawyer present – ask for them immediately after an arrest.
Never assume that your case will simply be tossed just because you weren’t driving when police arrested you for a DUI. The prosecutor will have the law on their side to help validate the charges alleged against you. Because of this, you need the absolute best criminal defense attorney Daytona Beach on your side to fight the charges and evidence being used against you. Give the law office of Genine Ann Mejia a call today – we believe that you don’t have to go through the court process alone when facing DUI charges and we’ll have your back every step of the way.