The State of Florida has laws which determine who can consume and sell alcohol. In South Florida, DUI arrests are becoming common. People in Ft Lauderdale, Miami, Palm Beach and other places in Florida are being arrested by police officers and charged with an alcohol related offense.
The most important thing in these cases is the broad term of determining whether you were “operating” the vehicle.
Even if you were sleeping in the back seat, courts may say you were operating the vehicle. Alcohol is not the only intoxicant that justifies a person being arrested for DUI. Any intoxicant such as marijuana or cocaine can be grounds for a DUI arrest.
It is the State’s obligation to prove you were operating the vehicle at the time of your arrest. They must also proof that you were impaired, and as a consequence, not capable of driving.
If you think you were not operating the vehicle at the time of your arrest and that you are being unfairly accused of driving under the influence of alcohol or any other intoxicant, you should call a South Florida criminal defense attorney for a free consultation.