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 or vindication.

Our Videos

Have You Been Charged with a DUI?

DUI Defense in Florida

  • If you're arrested for DUI, you only have 10 days to schedule a DMV hearing where you can fight to save your license.

  • A blood alcohol reading of 0.15% or more can warrant an aggravated DUI charge with harsher penalties.

  • Each year, Hillsborough County issues around 4,000 DUI citations. Out of these, more than 3,000 are found guilty.

  • Per Florida's zero-tolerance policy, anyone under the age of 21 who tests positive for any measurable blood alcohol can be charged with DUI.

Picture of a blurred highway

Arrested? Charged? Need Help?

Start with a Free and Confidential Consultation
    • Please enter your name.
    • This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.