Last updated November 2025
Yes — under Florida law, you can be arrested for DUI even if your vehicle isn’t moving. The key concept is “actual physical control”: having the ability to operate the vehicle, whether or not you were driving when officers arrived.
This law often surprises drivers, but Florida courts have upheld DUI convictions in many “parked car” scenarios.
π 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.
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
π§βοΈ 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 deciding factor was whether the driver could operate the vehicle, not whether they were driving.
β±οΈ Florida’s 10-Day Rule After a DUI Arrest
If you’re arrested for DUI in Florida, the criminal case isn’t the only battle. Under Florida Statute §322.2615, you have just 10 days to request a DHSMV hearing to challenge your license suspension. Missing that deadline means an automatic suspension.
β Common Misconceptions
Some drivers believe they’re safe if:
The engine is off
They’re asleep
The car is legally parked
Unfortunately, none of these guarantee protection. If you’re impaired and in control of the vehicle, you can still be arrested under Fla. Stat. § 316.193.
π‘οΈ Defending a Parked Car DUI in Florida
We’ve defended DUI cases involving parked cars by challenging:
- β Whether you actually had control over the vehicle
- β Whether the vehicle was operable at all (e.g., dead battery, no gas)
- β Whether officers violated your rights during the stop or arrest
- β Whether there’s any evidence you intended to drive
These defenses can often lead to dismissal or reduction to reckless driving.
π Fort Lauderdale’s DUI Defense You Can Count On
If you’ve been arrested for DUI while parked in Fort Lauderdale or anywhere in South Florida, donβt assume youβre guilty just because you were in the driverβs seat. The law is more nuanced than that β and we know how to use that to your advantage.
π Speak with a proven Fort Lauderdale DUI lawyer today to protect your license and future.
β FAQs: DUI in a Parked Car
βπ Does the engine have to be on for a DUI arrest in Florida?
No. The key factor is whether you were in actual physical control β not whether the engine was running.
βπ΄ What if I was sleeping it off in the back seat?
That may be a valid defense, especially if the keys weren’t accessible and you had no intent to drive.
βπ Can a parked car DUI lead to license suspension?
Yes. Penalties are the same as if you were driving, including fines, probation, license suspension, and possible jail.
βπ Will my DUI case be dismissed if police never saw me drive?
Not necessarily. Prosecutors don’t need proof of driving — only that you were in control of the vehicle while impaired.
ββοΈ Can a lawyer get my charges reduced if I was just sitting in the car?
Yes. A DUI lawyer may argue you lacked control or intent to drive, which can support dismissal or reduction