I strongly urge you to hire a criminal defense attorney to help you with this. Even though you were not driving, you were in "control" of the vehicle while intoxicated. I've handled multiple cases with extremely similar facts to your situation but have gotten different results. Every case is different and your result will depend on the attitude of the prosecutor and police officer. Your best bet will be to let a lawyer handle it for you. Good Luck!
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.Ask a similar question
Unfortunately, "operating" a vehicle can include simply having the ignition on and the car running without the car being in gear. In fact, in some states, merely having the key in the ignition is sufficient. I would urge you to contact a criminal defense lawyer with dui experience and see if you can plead this down to some lesser offense.Ask a similar question
While I agree that the state may proceed on an "actual physical control" theory, the facts you have described may provide the basis of a successful motion to suppress for an unlawful seizure. Please contact a knowledgeable and experienced DUI attorney in the Tampa area and ask to discuss the Danielewicz line of cases.
Best wishes for your success.
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