In the legal world, we understand how the tiniest of words or phrases can have great implications for how that law is interpreted. With that said, it’s rarely a good idea to argue semantics when it comes to claiming a DUI defense.
Such was the case for a Florida man who was stopped late last month at a McDonald’s drive-thru. According to police reports, a woman in the drive-thru called police after Earle Gustavas Stevens tapped her bumper numerous times while waiting for their food. When police arrived on scene to confront Stevens, they noticed the smell of alcohol on his breath as well as a bottle of Jim Beam in the passengers seat.
Police then asked the obvious question – If Stevens had been drinking and driving. Stevens was adamant that he had not been drinking and driving.
“[The suspect] explained that he was not drinking while the car was moving and only when he stopped for stop signs and traffic signals,” wrote the arresting officer in his report.
Drinking and Driving
Despite his insistence that according to the law, he wasn’t drinking AND driving, Stevens was placed under arrest for drunk driving and for driving without a license. It’s not certain if he has hired legal representation yet.
As we explained in a previous blog, you don’t actually need to be drinking while cruising down the road in order to earn a DUI. In fact, you don’t even need be in a running vehicle in order to earn a DUI. In Minnesota, if you be charged with DUI if you are deemed in “physical control” of the vehicle while under the influence. You can learn more about physical control by watching this video, but essentially, if you have the keys on you and are in the vehicle, you are in physical control of the car even if the engine isn’t running.
The laws about drinking and driving can be complex, and you can be certain that the penalties will be severe. If you or someone you know has been charged with driving under the influence of alcohol or drugs, be sure to reach out to the experienced lawyers at Appelman Law Firm. We offer a free case review where you can sit down with a lawyer and go over all of your legal options. To set that up, give us a call at (952) 224-2277.
