You weren’t driving. You were just sitting in your car — maybe parked outside a bar or pulled over to sleep it off. So why were you arrested for DUI?
In Florida, you can be charged with DUI even if the vehicle never moved an inch. The key phrase prosecutors rely on is actual physical control — and it’s broader than most people think.
⚖️ What Does “Actual Physical Control” Mean?
Florida law doesn’t require police to actually see you driving. Under Fla. Stat. § 316.193, you can be charged if:
You’re in a vehicle
You’re under the influence
You have the ability to operate the vehicle
This means sitting in the driver’s seat with the keys in the ignition — or even nearby — may be enough.
🛑 Common Scenarios That Lead to Charges
We’ve represented clients charged with DUI in South Florida under all of the following circumstances:
Asleep in the driver’s seat with the engine running
Parked in a driveway or lot with keys in hand
Sitting on the roadside waiting for a ride
Pulled over “just to rest” with the air on
Police often assume you were driving — or intend to drive — based solely on your position and access to the vehicle.
🧑⚖️ Fighting DUI Charges Without Driving Evidence
If the officer didn’t see you driving, your case can be challenged. At Michael White, P.A., we use strategies like:
Showing there’s no proof of actual driving
Arguing lack of intent to drive
Challenging the timing of the breath test
Filing motions to suppress evidence based on unlawful detention
Demonstrating you were not in control of the car (e.g., sitting in the back seat, keys out of reach)
Judges in Fort Lauderdale and across Broward take these arguments seriously — especially in borderline cases.
📍 Arrested While Parked or Sleeping? Don’t Plead Guilty.
A DUI conviction stays on your record forever in Florida. But if you weren’t actually driving, your case may be winnable — or at least reducible to a lesser offense.
👉 Talk to a Fort Lauderdale DUI Defense Lawyer today if you were arrested without driving.
📘 Florida DUI FAQs: What If You Weren’t Driving?
❓ Can I be charged with DUI if I wasn’t driving?
Yes. Florida law allows DUI charges if you’re in actual physical control of a vehicle — even if it’s parked and off.
❓ What if I was asleep in the car?
You can still be arrested. Police often assume you were driving or intend to drive based on where you’re sitting and where the keys are.
❓ Can I fight a DUI with no driving evidence?
Absolutely. Lack of proof that you operated the vehicle can be a strong defense, especially if there were no witnesses or surveillance.
❓ Will I lose my license if I wasn’t driving?
Possibly — unless you act fast. You only have 10 days to challenge the suspension after arrest.
❓ Should I hire a lawyer if I didn’t drive?
Yes. Even if you never moved the car, the law may still consider you in control. A lawyer can help you fight or reduce the charge.