The “Tampa DUI Seat Swap Arrest” of 18-year-old Angelica Penagos began with a frantic move to avoid trouble that only made a bad situation much worse.. Just before 3:00 AM in Tampa, Florida, a white Lexus was spotted driving through the darkness without any headlights on.. When Tampa Police pulled the vehicle over, the dash and bodycam captured a desperate “musical chairs” moment that officers spotted instantly..
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Watch: Tampa DUI Seat Swap Arrest Caught on Camera
Note: Pay close attention to the timestamp at 00:04:44 where the officer notes the suspicious movement inside the car, telling his partner, “They switch seats… that’s what she did.”.
Full Story: How the Incident Unfolded
The incident began in the early morning hours of April 12, 2023.. Officer T. Baden was patrolling the area of 15th Street North and 9th Avenue East when he spotted a white Lexus 4D driving without lights.. As the police lights flickered on, the occupants of the Lexus didn’t just pull over—they tried to rewrite the narrative..
Angelica Penagos, who was originally the front-seat passenger, scrambled over the center console.. She threw herself into the driver’s seat while the engine was still running.. The man who had actually been driving, identified as Andrew Franco, moved to the passenger side..
“I know y’all switch seats,” Officer Baden told Penagos as he approached the window.. “Whenever you decided to change seats with them, you put yourself in control of the car.”.
Penagos appeared dazed and nervous.. She was wearing a paper “Show Bar” bracelet on her right wrist, a clear indicator of where she had spent her night.. She admitted to having “a couple beers” at the bar, claiming they had been there since 12:30 AM..
The Arrest: Charges Against Angelica Penagos
Officers noted that Penagos had glassy eyes and smelled strongly of alcohol.. After struggling with the “walk and turn” and “one-leg stand” exercises, she was placed under arrest.. Later breath tests at the station revealed breath alcohol levels of .214 and .205—nearly three times the legal limit..
| Charge | Simple Explanation | Potential Penalty (US) |
| DUI (Blood Alcohol .15 or higher) | Driving or being in control of a car while heavily impaired. | Fines up to $2,000, 9 months jail, and 6-month license suspension. |
| Underage Possession of Alcohol | Penagos was only 18 at the time of the arrest. | Fines, probation, and mandatory alcohol education. |
Legal Analysis: Was the Tampa DUI Seat Swap Arrest Justified?
As a legal expert looking at this case, the Fourth Amendment protects citizens against unreasonable searches and seizures. However, the initial stop was perfectly legal because the car was operating without headlights at night, which is a clear traffic violation..
Regarding the Tampa DUI Seat Swap Arrest, Florida law is very specific about “Actual Physical Control.” Even if Penagos wasn’t the one driving while the car was moving, by switching into the driver’s seat with the engine running, she took legal control of the vehicle..
The search of the vehicle was also likely justified as a “search incident to arrest” or under the “automobile exception” once officers spotted indicators of impairment and discovered the passenger had an active warrant..
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5 Frequently Asked Questions (FAQs) connected to the legal and procedural aspects of this case:
What does “Actual Physical Control” mean in a DUI case?
In Florida, you can be arrested for DUI even if the car isn’t moving
. “Actual Physical Control” means being in the driver’s seat with the capability to operate the vehicle, such as having the engine running or the keys in the ignition. In this case, the suspect was charged because she switched into the driver’s seat while the engine was still on.
Can you be charged for DUI if you are found in the driver’s seat but weren’t the one driving?
Yes. If an officer observes you in the driver’s seat and you exhibit signs of impairment, you can be held legally responsible for the vehicle. Officers in this incident noted that by switching seats, the suspect placed herself in control of the car, leading to her arrest despite her claims that she wasn’t the original driver.
Does a high breathalyzer result (over 0.15) change the severity of the charge?
Yes, under Florida Statute 316.193(4), having a blood or breath alcohol level of 0.15 or higher results in enhanced penalties. The suspect in this case provided samples of .214 and .205, which led to a specific “Over 0.15” designation on her criminal affidavit.
How does a “20-Minute Observation Period” affect breath test validity?
Before a breath test is administered, an authorized officer must continuously observe the subject for at least 20 minutes. This is to ensure the subject does not put anything in their mouth or regurgitate, which could skew the results. The records show Officer T. Baden conducted this certification starting at 3:49 AM before the 4:12 AM test.
Can a vehicle be seized if drugs are found inside during a DUI stop?
Under certain circumstances, police have the authority to seize a vehicle involved in a felony crime, such as the transportation of controlled substances. In this transcript, the officer mentioned the suspect was “lucky” they were not seizing the car, despite the passenger carrying multiple drugs like LSD and marijuana.
Conclusion & Current Status
Angelica Penagos was booked into the Orient Road Jail.. Because her breathalyzer results were over .15, she faced enhanced penalties under Florida law.. Her passenger, Andrew Franco, didn’t fare much better; officers found him in possession of a “fanny pack” containing LSD, marijuana, and a scale..
“You are extremely lucky that we’re not seizing your car,” the officer told Penagos during the transport.. For this 18-year-old, a night at the “Show Bar” turned into a life-changing lesson on the legal realities of the Tampa DUI Seat Swap Arrest.
Download Police Report click here.
Disclaimer: All suspects are presumed innocent until proven guilty in a court of law. This report is based on official police records and transcripts from the Hillsborough County Sheriff’s Office and Tampa Police Department.
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