Last updated November 2025
It may sound strange, but the answer is yes โ you can be arrested and charged with DUI in Florida even if you weren’t actually driving.
If police find you in a parked car and suspect you’re impaired, they may still make an arrest. Whether that DUI holds up in court depends on one critical factor: “actual physical control.”
Here’s how the law works — and how an experienced DUI defense lawyer can fight back.
โ๏ธ Florida’s Definition of DUI
Under Florida Statutes § 316.193, you can be charged with DUI if you are:
“Driving or in actual physical control of a vehicleโ
while under the influence of alcohol or a controlled substance.
That means you don’t have to be moving. You just need to be in a position where you could operate the vehicle โ and impaired.
๐ค What Is “Actual Physical Control”?
“Actual physical control” means you have the ability to start and operate the vehicle, even if you donโt intend to. Courts may look at:
Were you in the driver’s seat?
Were the keys in the ignition, your pocket, or within reach?
Was the car running or capable of running?
Was the car parked legally or on the road?
Even if you were just sleeping it off, you could be arrested if you had access to the controls.
๐จ Examples of DUI Without Driving in Florida
โ Arrest Likely:
Sitting behind the wheel in a parking lot with the engine running
Passed out in the driver’s seat with keys in the ignition
Sitting in a stopped car on the side of the road with lights on
๐ซ Arrest Less Likely (but not impossible):
Sleeping in the back seat with no access to keys
Sitting in the passenger seat with no sign of driving
Car completely disabled or out of fuel
๐ง How a DUI Lawyer Challenges “Actual Physical Control”
An experienced DUI attorney may be able to:
Argue that you were not in control of the vehicle
Highlight that keys were not accessible
Show that you made a reasonable effort to avoid driving
Prove the car was inoperable or not lawfully subject to DUI laws
Courts vary on how they interpret these facts, and Broward County has its own patterns โ which your lawyer must understand.
๐จโ๏ธ Why Michael White, P.A.?
As a former prosecutor and longtime Fort Lauderdale DUI lawyer, Iโve handled cases where clients were arrested just for sleeping in their car.
I know how to:
Frame your intent
Attack weak police assumptions
File suppression motions that protect your rights
๐ Call 954-270-0769 or schedule a free consultation.
Florida DUI Charges Without Driving: Actual Physical Control Explained
๐ Frequently Asked Questions
Can you get a DUI in Florida if the car wasn’t moving?
Yes. Florida law allows DUI charges if you were in actual physical control of the vehicle โ even if it wasnโt moving.
What counts as “actual physical control”?
If you had access to the keys and the ability to operate the vehicle, even without driving, you may be considered in control.
Can sleeping in your car lead to a DUI?
Yes — especially if you’re in the driver’s seat, have the keys nearby, or the engine is running. Each case depends on the facts.
How can I avoid a DUI if I’m too drunk to drive?
Avoid the driver’s seat, don’t start the car, and keep the keys out of reach. Better yet, call a ride or stay put where you’re safe.
Can I beat a DUI if I wasn’t driving?
Yes. Your lawyer may argue lack of control, no intent to drive, or that the officer misapplied the law.