McDavid, FL DUI Law Firms & Lawyers

The car needs to actually be moving to be convicted of DUI. Some states have operating under the influence statutes which allow prosecution for being in or around the car while drunk. California requires what's called volitional movement of the vehicle to obtain a conviction. I like to remind cops, prosecutors and people that the "D" in DUI stands for driving and they must prove that the person charged was driving to obtain a conviction. There are a couple of exceptions to the driving requirement and those are covered under Vehicle Code Section 40300.5. If you've been in an accident or if the car is blocking the roadway, then the cops don't need to see the car move. In addition to the requirement to prove Driving at trial, the common law and Penal Code Section 836 require that a misdemeanor offense occur in the presence of the cop who makes an arrest for the arrest to be lawful. A DUI cannot occur in the officer's presence, if he doesn't see (sense) driving. This may not be an issue if there are other crimes that can be charged.

They can charge you with anything, the real question is can they prove it, under the factual scenario your describe it is unlikely that you will be charged with a DUI.

There is no yes/no answer. It depends on the state and whether or not they have filed a Governor's Warrant. If they filed a warrant then you may be picked up by Florida police agency and held for a maximum of thirty days; Foreign state is notified and that state is responsible for transportation. If they decline to pick you up after notice then Florida will release you.