Law Office of Ernesto J. de la Fé, P.A.
If You've Been Drinking,
Don't even think about Getting in a Car
February, 1995
A man leaves a party, and realizes he’s too drunk to drive home. So he decides to slip into the back seat of his car, keys in his pocket, and sleep it off in the parking lot. Smart move? You might think so, since he decided not to risk getting into an accident, possibly killing himself and others. But Florida law sees it differently.
This gentleman is likely to get arrested for DUI, just the same as if he’d been stopped barrelling down US-1.
Florida law says that one is guilty of DUI if caught driving or in actual physical control of a motor vehicle while under the influence of alcohol or a controlled substance. The Courts have repeatedly held that the in actual physical control language extends to all those who are in a car by themselves whether or not the car is moving; whether or not the engine is running; whether or not the keys are in the ignition; and whether or not the person is awake.
Even if you don’t believe it’s right to treat a person who has realized the danger of driving drunk, the same as one who doesn’t, the fact is that it happens. The courts are full of cases just like the one I’ve described above. And whether or not you believe that a police officer’s duty to serve and protect is carried out better by calling a cab or by taking the person home, the fact is that many officers are going to make the easy arrest. DUI is a CRIME.
This single act of bad judgment will start an otherwise law-abiding citizen on a seemingly endless rollercoaster of expense, wasted time, frustration, limitation on freedom, contempt, and mistreatment. Upon conviction, First Minimum Mandatory penalties include: suspension of your driver’s license; reporting probation; DUI school, community service work, fines, contributions to funds, court costs, and a host of other requirements and substantial expenses that remain hidden from view until they hit you. Not to mention the increases in your auto insurance premiums.
An arrest of this type will also have long-lasting psychological effects. Never again will you view law enforcement in the same way. You may even become contemptuous of police officers.
Always avoid getting into this situation. It is not enough just to avoid drinking and driving. If you drink you must avoid your automobile. Have somebody who is sober take you home. Catch a cab. The expense and inconvenience of having to come back to pick up the car the next day will be well worth it. Even if your car gets stolen you’ll have less trouble on your hands than if you choose the alternative.
Drive safely, and I hope you won’t need my services in this regard, but if you know someone we can help, let them know.
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