Actual Physical Control DUI Defense Lawyer
Daytona Beach Actual Physical Control DUI Attorney
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
One of the biggest misconceptions about Florida DUI law is that a person must actually be driving to be arrested for DUI.
That is not true.
In Florida, a person may be arrested and charged with DUI even when the vehicle is not moving.
In fact, many DUI arrests occur when officers find individuals:
- Sleeping in parked vehicles
- Sitting in a vehicle with the engine running
- Waiting in a parking lot
- Pulled over on the side of the road
- Sitting in a vehicle after a night out
These cases often involve a legal concept known as Actual Physical Control.
Because many people do not understand what Actual Physical Control means, these cases are frequently misunderstood.
At the Law Offices of Patrick J. McGeehan, P.A., we represent individuals charged with DUI based upon allegations of Actual Physical Control throughout Daytona Beach, Volusia County, Flagler County, and throughout Central Florida.
Before becoming a lawyer, Patrick served as a police officer, DUI investigator, traffic homicide investigator, police instructor, and homicide detective.
He understands how DUI investigations are conducted because he participated in them.
Today, he uses that experience to challenge DUI allegations and protect his clients’ rights.
What Is Actual Physical Control?
Under Florida DUI law, the State does not always have to prove a person was driving.
Instead, prosecutors may attempt to prove that the person was in Actual Physical Control of the vehicle.
Generally speaking, Actual Physical Control means a person has the capability to operate the vehicle, even if the vehicle is not moving.
This issue frequently becomes the central battleground in DUI cases.
Why Actual Physical Control Cases Occur
Many people make what they believe is a responsible decision.
They realize they should not drive.
They pull into a parking lot.
They stop on the side of the road.
They decide to sleep until they are sober.
Unfortunately, those decisions sometimes result in DUI arrests.
Officers frequently encounter individuals sleeping in vehicles and conclude they were in Actual Physical Control of the vehicle.
Common Actual Physical Control Scenarios
These cases frequently involve:
Sleeping In A Vehicle
A person is found asleep behind the wheel.
Sleeping In The Back Seat
A person decides not to drive and sleeps elsewhere in the vehicle.
Vehicle Parked In A Parking Lot
The vehicle is stationary and legally parked.
Vehicle Parked On The Roadway
The vehicle is stopped on the shoulder or roadside.
Engine Running
The vehicle is stationary but the engine remains on.
Keys Present
The keys are located inside the vehicle.
Each situation presents different legal issues.
Does The Vehicle Have To Be Moving?
No.
Movement is not always required.
This surprises many people.
A person may be arrested even when officers never observed the vehicle move.
That does not mean the State automatically wins the case.
It simply means movement is not always required for prosecution.
The Importance Of The Keys
One of the most common issues in Actual Physical Control cases involves the location of the keys.
Questions frequently include:
- Were the keys in the ignition?
- Were the keys in the driver’s possession?
- Were the keys elsewhere in the vehicle?
- Were the keys accessible?
The answers often become important evidence.
The Importance Of Vehicle Location
Where the vehicle was found may also become significant.
Examples include:
- Parking lots
- Driveways
- Road shoulders
- Public roadways
- Private property
Different locations may create different factual and legal issues.
Sleeping It Off Can Still Lead To Arrest
Many people are shocked to learn they can be arrested after making what they believed was the safest choice.
A common scenario involves someone leaving a bar or restaurant and deciding not to drive.
Instead of operating the vehicle, they sit or sleep inside it.
Later, an officer discovers them.
The result may be a DUI arrest based upon Actual Physical Control.
The State Must Still Prove Its Case
Actual Physical Control does not automatically exist simply because someone was near a vehicle.
The prosecution must still establish the required elements beyond a reasonable doubt.
Questions frequently include:
- Was the defendant capable of operating the vehicle?
- Did the defendant have access to the keys?
- Was the vehicle operable?
- Was the defendant actually in control?
These issues often become central to the defense.
Common Evidence In Actual Physical Control Cases
The State frequently relies upon:
- Officer observations
- Body camera footage
- Witness statements
- Vehicle location
- Key location
- Defendant statements
Each category of evidence should be carefully reviewed.
Statements Frequently Become Critical
Many Actual Physical Control cases become stronger because of statements made during police encounters.
Examples include:
- “I was driving home.”
- “I pulled over because I was tired.”
- “I only had a few drinks.”
- “I stopped because I didn’t want to get into an accident.”
These statements often become major pieces of evidence.
Field Sobriety Exercises
If an officer suspects impairment, field sobriety exercises may be requested.
Potential issues include:
- Fatigue
- Medical conditions
- Physical injuries
- Anxiety
Many individuals found sleeping in vehicles are exhausted, which may affect performance.
Related Page:
Field Sobriety Exercises
Breath Testing In Actual Physical Control Cases
Breath testing frequently becomes a major issue.
Potential questions include:
- Was the machine functioning properly?
- Was the observation period completed?
- Were procedures followed?
Breath test evidence should always be carefully examined.
Related Page:
Breath Test Defense
Blood Testing Issues
Some Actual Physical Control cases involve blood testing rather than breath testing.
Questions may arise regarding:
- Warrants
- Consent
- Collection procedures
- Laboratory analysis
Related Page:
Blood Test DUI Cases
Can I Be Convicted If The Officer Never Saw Me Drive?
Potentially.
The State is not always required to prove actual driving.
However, the prosecution must still establish Actual Physical Control and all other required elements.
This distinction is often critical.
Common Defenses In Actual Physical Control Cases
Every case is different.
Potential defenses may include:
Lack Of Actual Physical Control
The State may be unable to establish control of the vehicle.
Vehicle Inoperability
The vehicle may not have been capable of operation.
Key Location Issues
The defendant may not have had access to the keys.
Lack Of Proof Of Driving
Although driving is not always required, the absence of evidence can still create reasonable doubt.
Faulty Field Sobriety Exercises
Physical and environmental factors may affect performance.
Breath Test Problems
Scientific and procedural issues frequently arise.
Constitutional Violations
Searches, seizures, and interrogations must comply with constitutional requirements.
Why These Cases Are Frequently Defensible
Actual Physical Control cases often involve substantial factual disputes.
Unlike many DUI cases where officers observe driving behavior, these cases frequently rely upon assumptions and circumstantial evidence.
The prosecution’s theory is not always as strong as it initially appears.
Frequently Asked Questions
Can I Get A DUI While Sleeping In My Car?
Potentially, yes.
Actual Physical Control allegations frequently arise in these situations.
What If The Car Was Parked?
A parked vehicle does not automatically prevent a DUI charge.
What If The Engine Was Off?
The engine status may be relevant, but it is not always dispositive.
What If The Keys Were Not In The Ignition?
The location and accessibility of the keys often become important issues.
Can An Actual Physical Control DUI Be Dismissed?
Some cases are successfully challenged, reduced, or dismissed.
Every case depends upon the facts and evidence.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have participated in DUI investigations before becoming lawyers.
Patrick’s background includes:
- Former DUI Investigator
- Police Officer
- Police Instructor
- Retired Traffic Homicide Investigator
- Retired Homicide Detective
- Trial Attorney
Most attorneys learn DUI investigations from reports and training materials.
Patrick participated in them.
That experience provides valuable insight when defending Actual Physical Control DUI cases.
A Career Dedicated To Examining The Evidence
Every Actual Physical Control case raises important questions.
Was the defendant actually in control of the vehicle?
Could the vehicle be operated?
What do the facts really show?
Can the State prove its case?
Patrick has spent decades evaluating evidence and asking those questions.
As a police officer, DUI investigator, traffic homicide investigator, homicide detective, and trial attorney, he has devoted his career to uncovering facts and determining the truth.
That same commitment guides every DUI defense today.
Contact A Daytona Beach Actual Physical Control DUI Lawyer
A DUI arrest does not always require driving.
But the State must still prove its case.
Do not assume a parked vehicle automatically means guilt.
The facts matter.
The evidence matters.
The defense matters.
Contact the Law Offices of Patrick J. McGeehan, P.A. today to schedule a consultation and learn how an experienced Daytona Beach Actual Physical Control DUI lawyer can help protect your rights and your future.
Resources:
Leaving the Scene of an Accident With a Death
Fatal Crash Investigations in Florida