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  • What’s “Actual Physical Control” in Florida DUI Cases?
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What’s “Actual Physical Control” in Florida DUI Cases?

Paulina R. McWhorterAugust 9, 2024August 9, 2024

Even if you’re not driving, Florida DUI laws can charge you with DUI if you have “actual physical control” (APC) of a vehicle. This term refers to situations where a person can operate a car and is in a position to do so, even if the car isn’t moving. Understanding APC is crucial because it means you can be charged with a DUI even if you’re not driving when the police arrive.

Ticket Shield believes everyone should know the law and how it affects them before they accidentally break it. APC shows how a driver can try to do the right thing but still be arrested. If you are facing DUI charges in Broward County, FL, contact Ticket Shield. We can review your case and discuss the best defense strategy for you.

Florida DUI Elements:

To be found guilty of DUI in Florida, the prosecution must prove specific elements beyond a reasonable doubt. These elements include:

1. Control or Driving: The defendant was in physical control of or driving a vehicle.

2. Under the Influence: The defendant was under the influence of alcohol or controlled substances so that their normal faculties were impaired.

3. Blood Alcohol Level: The defendant’s blood alcohol concentration was 0.08% or more.

In Florida, “control” includes situations where the defendant is inside the vehicle and can operate it.

Penalties for Florida DUI

Florida’s DUI penalties are severe and increase with each conviction. First-time DUI offenders face:

  •  A fine of $500 to $1,000
  •  Up to six months in jail
  •  Completion of an alcohol education program
  •  Up to a year of probation

The penalties for subsequent offenses are more severe, with longer prison terms, increased fines, and longer license suspensions. Aggravating circumstances can lead to additional penalties, including longer jail terms, higher fines, and longer license suspensions.

This post was written by a professional at Ticket Shield. Ticket Shield understands that life can sometimes throw unexpected challenges your way. That’s why Ticket Shield is here to help you navigate through legal roadblocks when you need it most. Their team of experienced lawyers specializes in a range of traffic-related legal matters, ensuring you have the best defense possible. Types of teams available:

  • Traffic Ticket Lawyer
  • DUI Lawyer
  • Speeding Ticket Lawyer
  • Reckless Driving Lawyer
  • Suspended License Lawyer
  • Red Light Ticket Lawyer
  • Stop Sign Ticket Lawyer
  • Seat Belt Ticket Lawyer

Don’t let traffic tickets or driving-related charges weigh you down. Contact our Seat Belt Ticket Lawyer in Broward County today for a free consultation, and let Ticket Shield be your shield in the legal arena. Your peace of mind is their priority!

Paulina R. McWhorter
Paulina R. McWhorter
Actual Physical Control, DUI Cases, Law, legal arena.

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  • How to Set up a Living Trust
  • The Role of Witnesses in Strengthening Your Wrongful Termination Case in Maryland
  • Understanding Legal Help with Visitation Rights and Custody
  • How a Skilled Car Accident Attorney in Atlanta Can Navigate Your Legal Journey
  • Don’t Get Stuck with a Lemon – Here’s What to Do

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