Seven Lesser-Known Causes of DUI Charges in Florida
As a seasoned attorney at Cromey Law in Pensacola, I've represented many clients who were surprised to find themselves facing DUI charges under circumstances they never expected could result in such serious legal consequences. In Florida, driving under the influence extends beyond the scenario of an individual driving a car after consuming alcohol. I'll share with you seven scenarios that could unexpectedly lead to DUI charges.
Unusual Situations That Could Lead to a DUI Charge in Florida
1. Operating Non-Traditional Motor Vehicles Under the
Influence
It's a common misconception that DUI charges only apply to
drivers of cars or trucks. In Florida, operating a wide range of motorized
vehicles while impaired can lead to charges.
- Riding
lawnmowers, golf carts, or even motorized scooters can result in a DUI if
operated while impaired.
- Reference
to Florida DUI Statute 316.193 clarifies that a person is
guilty of a DUI if driving any vehicle while under the influence.
2. DUI With a Parked Vehicle
You may not be aware that you could face DUI charges even if
you're not actively driving the vehicle.
- If
you're in a parked car with the keys in the ignition and you're under the
influence, you could be charged with a DUI.
- Knowledge
about implied consent in Florida is crucial as it may affect
your case if you've been found in a parked vehicle and refuse to take a
breathalyzer test.
3. Prescription Medications and Over-the-Counter Drugs
Not all DUIs involve illegal substances or alcohol. Legally
prescribed or over-the-counter medications can impair your ability to drive and
result in a DUI.
- Be
cautious of driving after taking medications that can impair your
faculties, even if they are prescribed.
- It's
important to read warning labels on your medications and consult with your
doctor about driving.
4. Allowing an Impaired Individual to Drive Your Vehicle
In Florida, you could be held partially responsible if you
knowingly allow an impaired individual to operate your vehicle.
- Think
twice before handing over your keys to someone who may be under the
influence.
- Be
informed about the concept of "constructive possession" which
could implicate you in some cases.
5. DUI on Private Property
DUI laws in Florida apply to both public roads and private
property. This means you can be charged with a DUI even if you are on your
land.
- Understand
that being on private property does not exempt you from DUI laws.
- This
extends to driving on any property accessible to the public, such as
parking lots.
6. Refusing a Breathalyzer Test
Refusal to submit to a breathalyzer test when requested by
law enforcement can result in an immediate suspension of your license and
potentially enhance the consequences you face.
- The Florida Implied Consent Law dictates that by driving in
Florida, you've agreed to submit to chemical tests to determine your BAC.
7. Underage DUI
Florida has zero-tolerance laws for drivers under the age of
21. This means that any blood alcohol content of 0.02% or more can result in
DUI charges for underage drivers.
- The
allowable BAC for drivers under 21 is much lower than for those over 21.
- More
details can be found in the Florida
Zero Tolerance Law.
Key Takeaways for Potential DUI Charges in Florida
- DUI
charges are not exclusive to traditional vehicles or public roads.
- Prescription
medications can lead to a DUI if they impair your driving ability.
- Allowing
someone else to drive your car when they are impaired can lead to your
legal troubles.
- Refusal
to take a breathalyzer test comes with its own set of penalties.
Hypothetical Case Example
John, driving a golf cart within a gated community after a
couple of drinks, might believe he's within his rights and safe from any legal
repercussions. However, after being stopped by security and tested by the local
authorities, he's shocked to learn he's being charged with a DUI. The golf cart
is considered a motor vehicle under Florida law, and the community's roads are
accessible to the public, placing him within the jurisdiction of state DUI
laws.
How Jason Cromey Can Assist You With Unexpected DUI
Charges
Facing an unexpected DUI charge can be overwhelming, and you
might feel as if you're in an impossible situation. At Cromey Law, I'm
dedicated to providing you with a robust defense tailored to the unique
circumstances of your case. My experience with Florida's DUI laws and my
tenacity in pursuing every legal avenue can make a significant difference in
the outcome of your case. If you're facing DUI charges under unconventional
circumstances, I urge you to seek my counsel. For dedicated defense in your DUI
case, please visit Cromey
Law for further assistance.
Frequently Asked Questions
Q: Can I get a DUI for sleeping in my car while
intoxicated? A: Yes, in Florida, you can be charged with a DUI if you're in
control of the vehicle while intoxicated, even if you're not actively driving.
Q: Do DUI laws apply to bicycles? A: While it's less
common, you can be charged with a DUI on a bicycle if you're found to be under
the influence and pose a risk to yourself or others.
Q: Can I refuse a field sobriety test in Florida? A:
You have the right to refuse a field sobriety test; however, there may be
consequences, such as an automatic license suspension, due to implied consent
laws.
Q: How can a DUI attorney help if I'm charged with a DUI
on private property? A: A DUI attorney can help challenge the circumstances
of your arrest, the applicability of DUI laws to private property, and the
evidence presented against you.
Q: What should I do if I'm charged with a DUI while
taking prescription medication? A: Contact a DUI attorney immediately. A
knowledgeable lawyer can argue the legitimacy of your prescription and your
unawareness of its impairing effects.
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