DUI - Actual Physical Control

Actual Physical Control (APC) Explained by Tallahassee DUI Lawyer

Driving under the influence of alcohol or drugs (DUI) cases can be charged and prosecuted even when the person arrested was not actually driving the vehicle. If the driver is sitting in the driver's seat and the keys to the vehicle are either in the ignition or inside the easy reach of the driver then the prosecutor might be able to established that the driver was in actual physical control of the vehicle.

For actual physical control cases, however, the prosecutor often has a difficult time convincing the jury to return a guilty verdict. We refer to these cases as the "I wasn't driving" defense or the "Parking under the Influence" case. Common factual scenarios include

• The driver pulls over to the side of the road to "sleep it off."

• The driver leaves the vehicle and a passenger sits in the driver's seat with the keys in the ignition.

• The vehicle is involved in an accident and the defendant remains at the scene with the vehicle even though no one actually witnessed the defendant sitting behind the wheel.

Florida's standard jury instructions define the term as follows:

"Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time.

The Law Offices of Don Pumphrey, Jr. - Florida Lawyer for Actual Physical Control Cases

Contact a Tallahassee driving under the influence (DUI) defense attorney to discuss any case involving an arrest based on the actual physical control theory. Attorney Don Pumphry, Jr., represents individuals charged with drunk driving throughout Tallahassee in Leon County and the surrounding areas of the Second Judicial Circuit for Bristol in Liberty County, Crawfordville in Wakulla County, Monticello in Jefferson County, and Quincy in Gadsden County, Florida.