For a DUI in Florida, in addition to impairment, the State must also prove a person was driving or in actual physical control. An officer alleged the client, who appeared intoxicated, was coming out of his truck at an apartment complex as though he had just arrived after driving. The client admitted that although he was intoxicated he did not drive and never intended to. In exploring that matter the attorney located a neighbor who told us that she knocked on the apartment door of the client to warn him to roll up his truck windows because of the pending rain moments before the police officer made contact with the client. The attorney prepared the case for trial, not accepting any possible lessors. All charges dismissed.