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Fort Walton Beach DUI Defense Attorney Explains DUI Law in Florida

Okaloosa County DUI Charges are Possible, Even for Drivers of Golf Carts

A Lady Lake, Florida man was recently arrested on suspicion of driving under the influence (DUI) of alcohol. When you think of a DUI investigation in Fort Walton Beach or in Destin, you probably envision police pulling over someone who is driving a car erratically or a person who is endangering the public by driving a large commercial truck or bus while intoxicated. Golf carts, bicycles, and all-terrain vehicles (ATVs) do not fit the popular image of a DUI. Nevertheless, the Lady Lake police officers in this case arrested the man based on their suspicion that he was driving a golf cart while intoxicated. Is this a case of law enforcement overreach, or do people really need to watch how much alcohol they drink on the golf course?

Florida Law Prohibits Driving a “Vehicle” Under the Influence 

Florida Statute Sec. 316.193 is the state’s “DUI law.” It prohibits a person from driving a “vehicle” when the person’s blood- or breath-alcohol concentration is over a certain limit or when the person’s “normal faculties” are impaired by alcohol. What, precisely, qualifies as a vehicle for purposes of the DUI law? Florida Statute Sec. 316.003 provides the answer, defining a vehicle as:

  • Any device;
  • In or on which a person or property can be transported;
  • Upon a highway;
  • And not upon stationary tracks or rails

This definition of a “vehicle” – and therefore the class of means of conveyance that can result in DUI charges if a person is driving intoxicated – is quite broad and expansive. Other states, for example, limit their DUI laws only to drivers of “motor vehicles.” But in Fort Walton Beach, Destin and throughout Florida, a person can be charged with and convicted of DUI if he or she was intoxicated and driving a car, a truck, a bus, a motorcycle, a bicycle, an ATV or even a golf cart.

What Can a Fort Walton Defense Attorney Do For Me? 

Florida DUI laws are tough, and if you are charged with committing DUI in Okaloosa County you can expect to be prosecuted aggressively. Although it may seem like a small detail, an experienced Fort Walton Beach DUI defense attorney will know to investigate whether you were driving a “vehicle” at the time you were stopped. If the state prosecutors are unable to prove beyond a reasonable doubt that you were “driving a vehicle,” then they are unable to make out.

A resourceful Fort Walton criminal defense attorney may be able to defeat your DUI charge if you were:

  • Under the influence but not driving a “device” (which some recent states have held does not include a horse or other biological means of transportation);
  • Not driving a device capable of being driven on a highway (such as a subway car, tram, train, or similar railed device); and
  • Not driving a device that is capable of transporting a person or property (note, though, the device need only be capable of carrying a person or property: it does not need to be designed to carry a person or property).

You should not plead to a DUI charge or accept an offer without first having a Florida criminal defense attorney investigate the facts and circumstances of your case. Your legal rights may be seriously compromised if you plead to a DUI charge or accept some alternative disposition of your case only to discover the prosecutors did not have sufficient evidence to prove its case against you.

An Aggressive Destin DUI Attorney Can Protect Your Legal Rights 

If you have been charged with DUI, contact Fort Walton Beach criminal defense attorney and Criminal Law Trial Specialist Stephen G. Cobb. He has been assisting residents of Fort Walton Beach and Destin, as well as citizens across the State of Florida, with their criminal charges since 1990.  Mr. Cobb will perform a thorough investigation into the facts and evidence of your case so that you receive relevant and accurate legal advice and guidance. Contact the Fort Walton Beach criminal defense law office of Stephen G. Cobb today at (850) 423-0035.

The Cobb Law Firm
1992 Lewis Turner Blvd, Suite 101-B
Fort Walton Beach, FL 32547
Phone: (850) 423-0035

For more information, please visit: https://cobblawfirm.com/dui/


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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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Free Initial Consultation