Man Stopped for DUI – Trying to "Drive it Off"

A Florida man had an interesting excuse when he was stopped for suspicion of DUI.  Michael Moore told police he was trying to “drive it off.”  Apparently, Moore had an argument with his wife who had accused him of drinking too much.  Moore agreed to take a chemical test, which revealed a .104 BAC.  Like Colorado, the legal limit in Florida is 0.08.

While it is unusual for a driver who is being investigated for DUI to explain to the officer that he is just trying to “drive it off,” it is not so unusual for a driver to be investigated for a DUI when he is trying to “sleep it off.”  Unfortunately, this may not be a legitimate defense to a DUI.  Whether “sleeping it off” is a legitimate defense depends on the facts and circumstances.  In Colorado, driving includes “actual physical control,” which does not require that the car be moving.

As a result, a person could be sitting in a car, sleeping, and still be in actual physical control.  For example, if the person is in the driver’s seat with the engine running, then he may be deemed to be in actual physical control.  On the other hand, if the person is seated in the passenger seat and the keys are not in the ignition, that person may not be in actual physical control.