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Unreasonable Florida DUI Laws

Driving and boating while intoxicated are serious offenses in Florida. You can get a drunk and disorderly for walking while intoxicated. You can also get a DUI if you are not even driving your vehicle. These are unreasonable Florida DUI laws.

Arrested for Sitting in Your Car

Police can charge people with DUI if the person is “in actual physical control” of the vehicle. The law originated to help law enforcement charge drunk drivers with a DUI after a crash. Now, it is used to prevent DUIs. To this end, non-driving but intoxicated individuals are arrested and charged with DUI.

Law enforcement looks at several factors before charging a non-driver with DUIs. The main question is whether the person can drive the car at a moment’s notice. If the keys are in the ignition or the defendant’s pocket, the car could be readily drivable. You can be charged if the car is running, even if you are in the back seat and asleep. If the hood is warm, police can assume the occupant was driving. And finally, the police will check to see if the car is operable.

If you were arrested under Florida unreasonable DUI laws, you should consult an attorney like Brian H. Mallonee. You may be trying to do the right thing – not driving drunk – but lose your rights anyway.

Arrested for Being a Passenger

Passengers in Florida have been arrested for riding in a car. There are a few situations where police can issue DUI or open container violations.

A passenger holding, drinking from, or sitting near an open container of alcohol can be cited for open container. If you are the DD (designated driver), make sure you put any alcoholic containers in the trunk.

Another scenario involves suspicion that the driver and passenger switched positions. Intoxicated passengers have been arrested as the driver. The sober driver was assumed to be a passenger.

If you have been arrested for being a passenger, you should consult an attorney like Brian H. Mallonee.

Arrested for Suspicion of Drunk Driving

A final situation involves someone calling in your license plate for observing you swerving or driving recklessly. If you are intoxicated when the police arrive, you can be arrested for DUI.

Florida’s DUI laws are on the verge of becoming thought crimes. While you should never drink and drive, you can be arrested for doing the right thing. If this has happened to you, you should seriously consider contacting Brian H Mallonee. Your future and your rights are at stake.

Brian H. Mallonee

When you find yourself in need of a DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. Rest assured one of the most aggressive, distinguished defense attorneys in Florida is handling your case. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties