Being arrested for DUI is terrifying enough—but what if you weren’t even driving when police found you?
Under Florida law, you can still be charged with DUI even if your car wasn’t moving. Here’s what you need to know if you’re facing this confusing—and unfair-feeling—situation.
🧠 Understanding "Actual Physical Control"
Florida’s DUI statute doesn’t require that you be driving a vehicle to be arrested.
Instead, prosecutors only need to prove you were in actual physical control of the vehicle while impaired.
🚘 Actual physical control means you had the ability to operate the car, even if it was parked.
Common examples include:
- Sitting in the driver’s seat with the keys in the ignition 🔑
- Sleeping in a parked car with the engine running 💤
- Being found behind the wheel in a parking lot 🅿️
- Having the vehicle in a drivable condition—even if you hadn’t moved ye
⚖️ Defending Against a DUI Without Driving Charge
At Michael White, P.A., we know these cases aren’t as open-and-shut as prosecutors claim.
Defenses may include:
- Car Inoperability: The car wasn’t capable of being driven (e.g., mechanical issues)
- Key Location: Keys weren’t in the ignition or even inside the car
- No Intent to Drive: Evidence you were using the car only as shelter, not for driving
- Mistaken Identity: Someone else had control or access before police arrived
📍 Serving Fort Lauderdale and All of South Florida
Our office defends DUI cases involving parked vehicles, DUI manslaughter allegations, breath test challenges, and more across Broward, Palm Beach, and Miami-Dade counties.
🔍 More Answers About DUI Without Driving in Florida
❓ Can I be convicted if I was just sleeping in my car?
Possibly, but your defense lawyer can argue that you had no intent to drive and the car was safely parked.
❓ Does the engine have to be running?
Not necessarily. If you had the keys and the ability to start or move the car, that can be enough under Florida law.
❓ What if the police never saw me drive?
Actual observation of driving isn’t required, but it makes the prosecutor’s job harder. Lack of evidence can be a strong defense.
❓ Can I fight the DUI charge?
Absolutely. Many parked car DUIs can be beaten or reduced with the right defense strategy.
❓ Will I lose my license if convicted?
Yes. Even without actual driving, a DUI conviction can result in license suspension, fines, probation, and other penalties.