Actual Physical Control
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.
Accused of DUI?
Depending on your circumstances, Thomas & Paulk may be able to use actual physical control to your advantage as we fight your charges. Our Tampa DUI lawyers focus a large part of their services on drinking and driving cases, and we 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.
Want to work with Tampa DUI defense lawyers who will treat you as their top priority? Call our firm today for the committed representation you deserve!
Proving Physical Control
Actual physical control describes 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
Drunk driving cases may or many not require a formal trial. We discuss what most can expect in terms of the process and duration of their DUI case.
At Thomas & Paulk, one of our primary focuses is on the defense of DUI charges. In fact, we are recognized throughout the Tampa area as one of the premier DUI defense law firms. Our team is well-versed in this area of the law and has a wide-expanse of experience in helping our clients fight against such charges.
It doesn’t matter if this is your first offense or your third, you can count on our firm to protect your legal rights. Often, our defense starts with recounting with you how the police officer came to stop you in the first place and how he or she came to believe you may be under the influence of alcohol. If the stop was illegal, or the tests were improperly administered, we may be able to argue for the dismissal of that evidence in court, helping your chances of a dropped charge.
If you would like to learn more about how our team can help, contact us today.
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.