When most of us think about a DUI case, the image of a driver behind the wheel of car being pulled over and made to “walk the line” or take a breath test comes to mind. But, there are all sorts of alcohol-related crimes, such as Drunk and Disorderly Conduct, which are just short of DUI but can be just as serious. When the opportunity to drink is coupled with the opportunity to go to the beach or walk from bar to bar in an historic area, the likelihood of being arrested for some sort of alcohol related crime rises commensurately. But, can you actually be charged with DUI, if you are not driving a car while you are drinking? Believe it or not, we get this question a lot.
The DUI statute in Florida defines the crime as driving while over the legal limit or when the driver’s normal faculties are impaired. The legal limit being a 0.08% concentration of alcohol in your system. But, that limit can also be applicable in other types of cases, such as:
● Disorderly conduct.
● Disorderly intoxication.
● Possession of alcohol by a minor, being a person under 21 but over 18.
A Minor in Possession is not as difficult a crime to define as Disorderly Conduct or Disorderly Intoxication, where the police have wide latitude to define your actions as “disorderly.” So, if you have been drinking and decide that walking home or to your next stop is better than driving, be on your best behavior. You cannot be arrested for DUI, but you can be arrested for some other crime.
But, do keep in mind that being arrested is not the same as being convicted, and you do have the chance to defend the charges being brought against you. Given the special nature of a disorderly type of charge, it is critical to fully recount the facts as best you can to a trained attorney, so a clear picture of what really happened can be formed. Once there is a clear picture about the facts of your case, an effective defense strategy can be developed. Our office has experience helping people with DUI defense and also with defending other alcohol related charges that stop just short of being classified as a DUI. For help with your case, call us today.
For answers to questions about DUI’s and other alcohol-related crimes, contact us today. Call an experienced criminal defense attorney in Key West to find out what rights you have, and how to protect those rights.