What is "operating" a motor vehicle under Florida law ?
Operating a motor vehicle for purposes of being charged with driving under the influence does not necessarily mean the vehicle has to be moving. Many times, DUI suspects are arrested while being passed out or slumped over thier vehicle at an intersecion or in a parking lot.
If you have been drinking, it is best not to get in your vehicle at all. Do not even give the impression that you have been driving. In addition, if asked by an offficer whether or not you have been drinking, do not provide an answer that is going to incriminate you.
It can be used against as evidence in your trial.
Many times an officer will note in his report that a suspect's eyes are "bloodshot" and "glassy" and that the speech is slurred. These are subjective findings that can be challenged in court.
For more information, you should speak with an attorney.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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