Naples, FL asked in DUI / DWI for Florida

Q: My boyfriend got wasted at a party, but wouldn't let me drive him home. Cops pulled us over, and I was charged with DUI

But I wasn't even the person driving! Don't I have to be the driver to legally be charged with DUI?

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3 Lawyer Answers
Mr. Ayuban Antonio Tomas CPA, Esq.
Mr. Ayuban Antonio Tomas CPA, Esq.
Answered
  • DUI & DWI Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: They can argue that you were in control of the vehicle, but that is quite a stretch. A qualified DUI attorney should be able to win this case for you.

Kevin J. Pitts Esq.
Kevin J. Pitts Esq.
Answered
  • DUI & DWI Lawyer
  • Daytona Beach, FL
  • Licensed in Florida

A: If you were in the passenger seat and the keys were in the car and within the passenger compartment then you could be charged with DUI. If he was in the drivers seat then he should have been charged even if it was parked with the keys not in the ignition. I cant see the passenger of a car with someone in the driver seat being in actual physical control of the vehicle. If that was the case you would have a pretty good defense for a jury trial based on the fact that they didn't arrest the person in the drivers seat. My understanding of the facts is he was driving and you were arrested for DUI or he was in the drivers seat and you were arrested. If you were in the drivers seat that is a different story and you could be arrested for dui based on actual physical control.

Robert Jason De Groot
Robert Jason De Groot
Answered
  • Criminal Law Lawyer
  • Deltona, FL
  • Licensed in Florida

A: This question is nearly two years old and it would be useless to answer it.

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