Many people assume they’re making a responsible choice by pulling over to sleep off alcohol in their car. But in Florida, you can still be arrested and charged with DUI — even if you never turned the key in the ignition.
Understanding how Florida law defines “actual physical control” is key to protecting yourself and your rights.
🚗 Florida DUI Law and “Actual Physical Control”
Florida’s DUI laws are strict. In fact, you don’t even need to be driving to face a DUI arrest if you’re in actual physical control of the vehicle.
Florida Statute § 316.193 makes it illegal to drive or be in actual physical control of a vehicle while under the influence. But what does “actual physical control” mean?
It means you can be charged even if the car is not moving, as long as:
You’re in the driver’s seat,
You have access to the keys (in your hand, lap, pocket, or within reach),
The vehicle is operable, and
You’re under the influence of alcohol or drugs.
Sleeping behind the wheel with the keys nearby could be enoughfor an officer to arrest you for DUI — especially if the engine is running for air conditioning or heat.
😴 Real-World Example: Passed Out in a Parking Lot
Imagine this: You leave a bar, realize you’re in no shape to drive, and decide to sleep it off in your car parked legally in a lot. A concerned passerby sees you slumped over the wheel and calls 911. Law enforcement arrives, sees the keys in your center console, smells alcohol, and begins a DUI investigation.
Even though you weren’t driving, you could still be arrested for DUI based on your physical control of the vehicle.
⚖️ Legal Defenses to DUI While Sleeping in a Car
Being charged does not mean being convicted. An experienced DUI defense lawyer in Fort Lauderdale can raise several strong defenses, including:
Lack of actual physical control – if the keys were out of reach or the vehicle was inoperable.
No evidence of impairment – especially if field sobriety exercises were not performed.
Unlawful police contact – if the officer didn’t have a legal basis to detain you.
No proof of intent to drive – for example, if you were in the back seat asleep.
Each case is unique. The details matter — including where you were parked, where the keys were, and what the officer observed.
📍 Local Insight: Fort Lauderdale and South Florida DUI Arrests
In Broward County and across South Florida, officers frequently initiate DUI arrests from parked vehicles — especially in beach lots, condo garages, and fast-food parking lots. Prosecutors often rely on thin evidence of control to push for a conviction.
Having a Fort Lauderdale DUI lawyer who knows how local judges and prosecutors handle these cases can make all the difference.
We know how to challenge DUI charges from parked vehicles — and how to minimize the consequences through smart sentencing strategies. Here’s how we help our clients avoid the worst penalties.
🧭 What To Do If You’re Arrested
If you’ve been arrested for DUI after sleeping in your car, here are three steps you should take immediately:
Do not plead guilty — even if you think the evidence is strong.
Request a formal review hearing within 10 days to fight your license suspension.
Contact a DUI defense attorney to evaluate the facts and build your defense. One of the first steps after a DUI arrest is to act fast. You only have 10 days to fight the license suspension. Learn more about Florida’s DUI 10-Day Rule.
👨⚖️ We Can Help
At Michael White, P.A., we’ve successfully defended clients in DUI cases involving parked vehicles, including those with no driving observed. We challenge the government’s evidence, the officer’s assumptions, and the legality of the stop.
Let us help protect your future.
📞 Call now for a free consultation.
🙋♂️ Frequently Asked Questions
❓ Will I lose my license automatically?
Yes — unless you challenge the administrative suspension within 10 days of your arrest.
❓ Does it matter where I was parked?
Yes. Being in a legal, safe parking space can help your defense, especially if the vehicle was turned off.
❓ Can a DUI conviction be sealed or expunged in Florida?
No. DUI convictions are not eligible for sealing or expungement under Florida law.
❓ What if I wasn’t in the driver’s seat?
That strengthens your defense. Prosecutors must prove you were in control of the vehicle — location and intent both matter.
❓ What if the engine was running while I slept?
That can hurt your case. If the engine was on — even just for air conditioning — prosecutors may argue you intended to drive or were in control of the vehicle, making it easier to prove DUI.