🚗 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, 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
Under Florida Statutes § 316.193, DUI is defined as:
“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.
🧠 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 doesn’t mean you’re guilty.
As your defense attorney, I’ll focus on:
Challenging whether you had actual control
Arguing lack of intent to drive (e.g., you were waiting for a ride)
Highlighting non-driving alternatives (e.g., sleeping it off legally)
Raising Fourth Amendment issues (unlawful seizure if you were parked safely)
We may also challenge:
The reliability of field sobriety or breath tests
Whether the officer had reasonable suspicion or probable cause to approach or detain you
🛑 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 you need an aggressive defense.
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.
👉 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.