WHOABILLS- Well, I am one of the jaded citizens that was previously mentioned above. I blew a .07, and because I knew I was under the limit and asked to go, the cop got an attitude and ran me up anyway. I had to spend 4000 dollars in defense, a night in jail in county orange and then the prosecution dropped it to reckless driving (after seeing the field test which I passed (on tape) solidly despite the marks from the officer (that I failed 4 of 5 tests), which I pled to in order to avoid further hurt in the pocket book. I know there are bad things that happen when people drink and drive, KNOW YOUR LIMITs. No one wants to kill SuzyQ on her way to Disney, but no one wants innocent hard working citizens to get jacked by irresponsible lawmen, especially when they give the good ones a bad name. My heart is absolutly hardened against the majority of our men in blue because of !@#$s like the guy I encountered. I just fear the direction the country is taking on some freedoms in the name of safety, but then again maybe I am more liberal then some. I just would like to be able to enjoy two glasses of wine before I am considered a possible murderer in my car.
You can also be considered in control of the car if you attempt to sleep it off in your car outside of a bar or whatever, at least in California (but I know from my gay azz DUI course that it is here in Florida too). See this link:
http://www.duiblog.com/2005/04/18
And you can also be charged with a DUI riding a scooter, bike or lawn mower. I know, someone MIGHT ride out into traffic, but I think it has alot more to do with sticking money into state and county coffers then it does with actually having to protect citizens. Sort of like the speed traps up in STARK and WALDO florida between Jacksonville and Gainesville.
ALSO YOU CAN GET A DUI WHILE CLEANING YOUR CAR. If the keys are in the ignition (listening to music), and you are touching your car (cleaning it with a rag), AND you are drunk (even in your driveway), you are in physical control of it. That is a florida supreme court statute 316.003(75),FLA.,STAT.
Definitions. Give as applicable. § 316.003(75), Fla.Stat.
"Vehicle" is any device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
"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.
You can look that up in a common law book, or if you are not that inclined or don't care, go to this website:
http://72.14.207.104/search?q=cache:5clbMY...us&ct=clnk&cd=2
CUT and PASTE it if it doesn't show up right. I am new here. Look, I don't want to come off bad or that I am FOR drunk driving. I just think that when you have organizations like MADD gripping in politicians ears, it is dangerous to personal FREEDOM. If you are drunk DON'T drive. But I think in this country, we have a tendency to ride the popular wave instead of realizing that maybe our kids would like to enjoy a beer with dinner and then be able to drive home with out getting arrested.
By the way WHOA- what part of Florida are you from? I live in Tampa now but went to school at UF. GO BILLS! ALWAYS!