Last updated January 2026
🚗 Not Driving? You Can Still Be Charged With DUI.
You weren’t driving. Maybe your car was parked. Maybe it wasn’t even running.
But in Florida, you can still be arrested — and convicted — for DUI if the police believe you were in “actual physical control” of a vehicle.
Yes, really.
As a Fort Lauderdale DUI defense lawyer in Broward County, I’ve seen countless cases where people were sleeping it off in the driver’s seat and ended up in jail. In this post, we’ll break down how Florida defines “driving” in DUI law, how actual physical control works, and what defenses can protect you when you weren’t even on the road.
📘 Florida’s DUI Law: It’s Not Just About Driving
Florida law allows DUI charges based on driving or actual physical control of a vehicle while impaired.
“Driving or being in actual physical control of a vehicle” while under the influence of alcohol or drugs to the extent that normal faculties are impaired.
✅ That second part — “actual physical control” — is where many DUI arrests get tricky.
🪑 What Is “Actual Physical Control” of a Vehicle?
Florida courts have defined “actual physical control” to mean:
A person has the capability to operate and direct the vehicle, even if they’re not currently driving it.
That can include:
Sitting in the driver’s seat with the keys nearby
Keys in the ignition, even if the engine’s off
Sleeping in your car while parked
Pulled over on the shoulder “to be safe” but still inside the car
💡 Police often assume intent to drive, and that’s enough to make an arrest — even if you were trying to do the responsible thing.
⚖️ How Florida Courts Decide ‘Actual Physical Control’
Florida courts do not require proof that a vehicle was moving to sustain a DUI charge. Instead, judges evaluate whether the driver had actual physical control of the vehicle at the time of the encounter.
In practice, this determination depends on several fact-specific factors, including:
• Location of the keys — whether the keys were in the ignition, within reach, or inaccessible
• Engine status — whether the vehicle was running, recently running, or completely off
• Driver position — seated behind the wheel, asleep in the driver’s seat, or elsewhere in the vehicle
• Vehicle operability — whether the car could be driven at the time
• Location of the vehicle — roadway, shoulder, parking lot, or private property
No single factor is decisive. Courts examine the totality of the circumstances to determine whether the person had the ability and immediate opportunity to operate the vehicle while impaired.
When control is disputed, the relevance of later breath, blood, or urine testing may also be challenged based on timing and operability.
😴 Sleeping in Your Car and DUI Charges in Florida
Many people believe that “sleeping it off” in a parked vehicle is a safe and responsible alternative to driving. Unfortunately, Florida law does not automatically protect someone from a DUI arrest simply because the vehicle was parked or the driver was asleep. They treat sleep as control, and thus these cases often turn on facts, not morality.
Law enforcement officers often treat sleeping in the driver’s seat as evidence of actual physical control, especially when the keys are accessible or the vehicle is operable. Even when the engine is off, prosecutors may argue that the driver had the present ability to drive away while impaired.
In Broward County DUI cases, prosecutors and judges often scrutinize these parked-car arrests closely, making local courtroom experience especially important.
That said, sleeping in a vehicle can be a defensive fact when supported by evidence showing no intent to drive, lack of access to the keys, or circumstances demonstrating that the vehicle could not be operated. These cases frequently turn on fine factual distinctions rather than bright-line rules.
🧠 Common Scenarios Where DUI Is Charged Without Driving
| Situation | Likely Police Action |
|---|---|
| Asleep in the car with engine running | Arrest for DUI |
| Pulled over on side of road, car in park | Arrest if signs of impairment + keys accessible |
| Sitting in car in parking lot, keys in lap | Arrest likely if you’re in driver’s seat |
| Keys in your pocket, car not running | May still be charged depending on circumstances |
✅ These cases are defensible, but police will often err on the side of arrest and let the court sort it out.
⚖️ How We Defend DUI Charges Without Driving
Just because you were arrested does not mean the State can prove you were in actual physical control of the vehicle.
These cases often hinge on whether police relied on assumptions rather than evidence, and whether the encounter itself was legally justified.
Actual physical control cases are often defensible because they rely on inference rather than observed driving. Common defenses include:
• No access to the keys — keys not in the ignition or not within reach
• Vehicle inoperability — mechanical issues or circumstances preventing operation
• No intent to drive — corroborated by witness statements, phone records, or circumstances
• Unlawful police approach — lack of legal justification to investigate a parked vehicle
• Private property considerations — location may limit enforcement authority depending on circumstances
When these defenses are supported by evidence, courts may suppress evidence, reduce charges, or dismiss the case entirely.
When officers lack legal justification to approach or detain a parked vehicle, a motion to suppress DUI evidence may result in reduced charges or dismissal.
🛑 You Were Being Responsible. That Shouldn’t Equal Jail.
In many cases, people get arrested for doing the right thing — pulling over instead of driving drunk.
But police aren’t always trained to give you the benefit of the doubt.
That’s why these cases require a defense that focuses on evidence, inference, and constitutional limits. An experienced DUI defense lawyer can challenge assumptions about intent, control, and impairment before they harden into a conviction.
At Michael White, P.A., we fight DUI charges involving actual physical control by challenging the evidence, filing suppression motions, and showing the court you weren’t a danger to anyone.
📞 Arrested for DUI Without Driving? Let’s Fight It.
You weren’t behind the wheel. You weren’t on the road.
That doesn’t mean you have to plead guilty. We consistently get favorable results for our DUI clients.
👉 Call Michael White, P.A. today for a free consultation — and let’s challenge the assumptions that got you arrested.
🙋♂️ Frequently Asked Questions About DUI Without Driving in Florida
❓ Can I be arrested for DUI if I was sleeping in my car?
Yes — if police believe you had the ability to drive and were impaired. But these cases can be challenged under Florida’s actual physical control standard.
❓ What if the car wasn’t running?
That helps your case — but it’s not always enough. If the keys were accessible and you were in the driver’s seat, you may still be charged.
❓ What is actual physical control in DUI law?
It means you had the ability to operate the vehicle, even if you weren’t driving. Florida courts apply this broadly in DUI cases.
❓ Can I fight a DUI based on physical control?
Absolutely. These are often very defensible cases, especially if there was no movement, no intent to drive, or the stop was unlawful.
❓ Should I move to the passenger seat if I’m waiting in my car?
Yes — and keep the keys out of reach. Better yet, don’t stay in your car at all if you’ve been drinking.
🚗 A DUI arrest doesn’t require driving — but a strong defense does.
Call Michael White, P.A. today to challenge your charges and protect your future.