Can You Be Arrested for DUI While Sitting in a Parked Car in Florida?

Most people believe that if a car is not in motion, then the person behind the wheel cannot be charged with driving under the influence of alcohol or drugs. In fact, this belief has led many people to believe they can drink and drive, provided the engine of the car is off, and the car isn’t moving. However, this isn’t necessarily true in the State of Florida. The law only needs to prove you have “actual physical control” of the car.

What does Florida law have to say on the topic?

The laws for DUI in Florida state that no person can drive or be in actual physical control of any vehicle while they are intoxicated by drugs or alcohol. Most folks tend to concentrate on the word “drive” in the legislation; however, the law uses a wider terminology. It is not necessary for prosecutors to prove that the car was moving or that the officer saw the car moving to move forward with a DUI arrest. The State of Florida can press charges if they think that the driver had the ability to drive despite their impairment.

What does “actual physical control” mean?

In Florida, physical control refers to the power to operate an automobile, regardless of whether one is actually driving at the time of their arrest. This implies that law enforcement officers can make an arrest for DUI if they reasonably suspect that the person arrested is capable of operating the car.

Some considerations that are likely to be taken into account include:

• Whether or not the individual was seated behind the steering wheel
• Where the vehicle keys were located
• If the vehicle’s engine was still on
• If the vehicle was illegally parked or halted in traffic
• The state of mind of the driver

An example of physical control would be where someone is found sleeping with the keys in the vehicle. 

Common situations that lead to parked-car DUI arrests 

DUI arrests can be made even when the car is parked, since the arrest can happen when the driver believes they are doing the right thing by not driving.

For example, when someone:

• Naps in a parked car after drinking at a bar
• Parks his or her car to sober up on the roadside
• Leaves the car’s engine running in order to cool down or heat up inside the vehicle
• Stops to rest in the parking lot before going home

Possible defenses to a parked car DUI

Not all DUIs in a parked car would constitute an automatic conviction. Some possible defenses include arguing that the driver did not have immediate control of the vehicle, especially when their keys are not readily available, or they were found in the back seat. In other cases, you can argue that the police didn’t have probable cause to make an arrest.

Every DUI case is highly dependent on the facts of that particular case.

Talk to an Orlando, FL, DUI Lawyer Today

FL DUI Group represents the interests of Orlando residents who have been charged with DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.