It’s happened to many of us. You leave the bar or a party, and you realize that you have had too many drinks to drive. You also know that in due time, the alcohol will wear off and you will sober up. You decide to get in the car, turn on radio, and lye back while the buzz begins to wear off.
While it may surprise you, the act of “sleeping it off” in your car can earn you a DUI in the State of Florida.
To prove DUI, the State must prove multiple elements beyond a reasonable doubt. Obviously, they must prove impairment, but the State must also prove that the suspect was in “actual physical control of the vehicle.” Notice that the State does not have to necessarily prove that the suspect was “driving” the vehicle.
Take the case of Fieselman v. State. The suspect was lying down, asleep in the front seat of the car parked in the parking lot. 537 So. 2d 603. The engine was off and cold, but some of the lights were on in the car, but the car was in the park position. Since the key was in the ignition, the Court allowed the State to argue that the suspect was in actual physical control of the vehicle. In fact, the ruling even went as far to say that the result might have even been the same if the suspect was in the back seat! Id.
In the case of Baltrus v. State, a man was observed by police to be slumped over the wheel of a parked car with the keys in his hand, but not in the ignition. 571 So. 2nd 1070. In that case, a Florida appeals court said that even if the keys are not seen in the ignition, the State can still lawfully argue that the suspect had actual physical control of the vehicle because he had the keys in his hand. Id.
The 2nd District Court of Appeals, located in Tampa, has ruled that the suspect does not always have to have the keys in his or her possession or in the ignition. State, Dept. of Highway Safety and Motor Vehicles v. Prue, 701 So. 2d 637, 638. Furthermore, the Court says that if the defendant is the only one in the vehicle and the keys are “in the ignition or near enough for [the suspect] to use them to start the vehicle and drive away” then there is evidence needed for actual physical control of the vehicle. Id.
The next time you leave a bar and have too much to drink, remember this blog and as The Clash would say…”Know Your Rights!” Call Hendry & Parker, P.A. for a free DUI consultation with an experienced criminal defense attorney.