Yes — under Florida law, you can be arrested for DUI even if your vehicle isn’t moving. The key concept is “actual physical control,” which means having the ability to operate the vehicle, regardless of whether you were driving at the time officers 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.
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
🧑‍⚖️ 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
Some drivers believe 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.
🛡️ Defending a Parked Car DUI in Florida
At Michael White, P.A., we’ve defended DUI cases 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 or anywhere in South Florida, don’t assume you’re guilty just because you were in the driver’s seat. The law is more nuanced than that — and we know how to use that to your advantage.
đź“ž Call Michael White, P.A. today for a free consultation.
Let’s fight your case with experience and strategy.
âť“ FAQs (Total: 5)
Q1: Does the engine have to be on for a DUI arrest in Florida?
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?
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 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.