Reader’s Question:

I’ve been following several DUI cases here in Palm Beach County, Florida since my sister has been a victim of a DUI-related offense. Is it true that a person can also be charged with DUI without actually driving? Are there people who have already been convicted of this kind of a DUI charge?

Dean

Palm Beach, FL

As strange and funny as it may sound, an individual could be charged with DUI in Palm Beach, Florida without actually driving. In the State of Florida, a person can be convicted of DUI if driving or in actual physical control of the vehicle.

Actual physical control arises in a variety of different ways. There have been many DUI cases in Palm Beach County, Florida where the police officer arrives at the scene and discovers that the defendant was asleep behind the wheel, either with the engine running or not. There are also DUI cases where the defendant had passed out while waiting on the traffic light to change. This means that actual physical control is where the individual has the ability to readily exercise control over the vehicle. Examples would include if the driver fell asleep behind the wheel and the car keys are in the ignition or if the driver is lying down asleep in the front seat and the keys are in the ignition.

There are several people reported to have been actually convicted for DUI without actually driving the vehicle during the arrest. Most of them have pulled the car off of the roadway, turned off the automobile and then proceeded to sleep it off and the police officers stumbled upon them. The issue of actual physical control is decided by a jury, not by a judge unless it is a non-jury trial.

Tags: DUI