Actual Physical Control
Tampa DUI Defense Attorney
Proving intoxication is not enough to convict someone of driving under
the influence—in order to receive a DUI, a person must also have
been in actual physical control of the vehicle in question. So long as
a defendant has not met this requirement, prosecution will be unable to
sentence them for the crime. Accused of DUI? Depending on your circumstances,
our legal team at Thomas & Paulk may be able to use actual physical
control to your advantage as we fight your charges. Our
Tampa DUI defense lawyers focus a large part of their services on drinking and driving cases, and
can represent you in a wide range of circumstances. With experience in
more than 7,000 cases, our firm is equipped to take on your case.
Proving Actual Physical Control
Actual physical control is a term used to describe a person's presence
in a vehicle, in addition to their ability to operate it. On account of
this definition, a car does not have to be turned on for the driver to
receive a charge of DUI; instead, the evidence presented must demonstrate
that a person was simply capable of turning it on in short notice.
The following may be used to constitute actual physical control:
- Possession of, or close proximity to, a key
- Location in the car (e.g., the driver's seat)
- The operational state of the vehicle
If most or all of these conditions are met, a person may be eligible to
receive a charge of DUI. This can even apply when the defendant has been
sleeping in the car without driving. If you have been charged with DUI,
don't wait to contact an experienced attorney to handle your case.
Our team at Thomas & Paulk can combat your charges on a number of
grounds, including actual physical control, to help you seek reduced charges
Want to work with Tampa DUI defense lawyers who will treat you as their
Call our firm today for the committed representation you deserve!