If you go to a jury trial on a DUI case, the Judge will read the following instruction to the Jury: “To find the defendant guilty of DUI, you must find the Defendant was either driving or in actual physical control of the vehicle.

Actual physical control of a vehicle means that the the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he or she is operating the vehicle at the time.” Florida Standard Jury Instructions

The Bad news is that a Jury could find you guilty of DUI if you were just sitting in your car with the keys in your lap. The Good news is that they don’t have to, if your Tampa Criminal Attorney can help explain to them why an acquittal is a just result.

A good Tampa DUI Attorney must use the trial as an opportunity to explain to the Jury why the you did not have the capability to operate the vehicle. Did the car in question have problems starting, or was otherwise immobile? If so, then your criminal attorney may challenge the operability of the car. Were the keys in your glove box or in your pocket, if so then your Tampa criminal attorney may be successful arguing that you were not capable of operating the vehicle at the time the officer arrived on scene. Rather, affirmative acts would have to be done before being readily capable to drive the vehicle.

Regardless, before you assume that you have no defense because of the law of actual physical control is is important to discuss your particular facts with a qualified DUI attorney to see if you have a viable defense.

Contact a Tampa DUI Attorney today

If you are in need of a qualified Tampa DUI Attorney, contact Denmon & Denmon Trial Lawyers today. Ask to speak directly to an Attorney. In Tampa, call 813-554-3232 (Hillsborough) and 727-753-0049 (Pasco and Pinellas).

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