Last updated December 2025
Yes — under Florida law, you can be arrested for DUI even if your vehicle isn’t moving. In Fort Lauderdale and across Broward County, police can charge you based on “actual physical control,” meaning you had the ability to operate the vehicle, even if you weren’t driving when they arrived.
🚓 What Does “Actual Physical Control” Mean?
Florida courts define “actual physical control” as:
Being in or on a vehicle and having the capability to operate it, regardless of whether you are driving.
n Broward County DUI cases, this means you could be arrested if:
You’re asleep behind the wheel with the keys in the ignition
You’re sitting in the driver’s seat with the engine off but keys nearby
You’re pulled over on the shoulder with your foot on the brake
Even if you thought you were doing the responsible thing by not driving, Fort Lauderdale law enforcement may still arrest you based on your control over the vehicle.
🧑⚖️ Real Florida Case Examples
Florida courts have upheld DUI convictions where:
- A driver was asleep in a parking lot with the engine running
- A defendant sat in the driver’s seat with the keys in their lap
- The vehicle was in neutral but still capable of being driven
In each case, the courts emphasized the driver’s ability to operate the vehicle as the deciding factor.
❌ What Won’t Protect You
Many people in Fort Lauderdale assume they’re safe from arrest if:
- The engine is off
- They’re asleep
- The car is legally parked
Unfortunately, none of these guarantees protection. If you’re in control of the vehicle and impaired, you can be arrested under Fla. Stat. § 316.193. If Fort Lauderdale police believe you were impaired and in control of the vehicle, you can still be arrested.
🛡️ Defending a Parked Car DUI in Fort Lauderdale
At Michael White, P.A., we’ve defended DUI cases in Fort Lauderdale involving parked cars by challenging:
- ❌ Whether you actually had control over the vehicle
- ❌ Whether the vehicle was operable at all (e.g., dead battery, no gas)
- ❌ Whether officers violated your rights during the stop or arrest
- ❌ Whether there’s any evidence you intended to drive
We can often use these facts to fight for reduced charges or dismissal.
📍 Fort Lauderdale’s DUI Defense You Can Count On
If you’ve been arrested for DUI while parked in Fort Lauderdale, Hollywood, Coral Springs, or anywhere in Broward County, don’t assume the case is open-and-shut. The law is more nuanced than most people realize — and we use that to your advantage.
📞 Call Michael White, P.A. today for a free consultation.
Let’s fight your case with experience and strategy.
❓ FAQs
Q1: Does the engine have to be on for a DUI arrest in Fort Lauderdale?
A: No. The key factor is whether you were in actual physical control of the vehicle — not whether the engine was running.
Q2: What if I was sleeping it off in the back seat in Fort Lauderdale?
A: That may be a valid defense, especially if the keys weren’t accessible, and you had no intention of driving.
Q3: Can a DUI in a parked car lead to license suspension?
A: Yes. The penalties are the same as if you were driving, including possible license suspension, fines, probation, and even jail time.
Q4: Will my DUI case be dismissed if the police never saw me drive?
A: Not necessarily. Prosecutors don’t need to prove actual driving — only that you had control over the vehicle while impaired.
Q5: Can a DUI lawyer in Fort Lauderdale get my charges reduced if I was just sitting in the car?
A: Yes, a skilled defense lawyer may argue that you lacked actual physical control or had no intent to drive, which can lead to dismissal or a reduced charge like reckless driving.