Understanding DUI Charges While Parked in Florida and How an Attorney Can Protect Your Rights

If you’ve been arrested for DUI while parked in Florida, you might be feeling confused and overwhelmed. After all, how can you be accused of driving under the influence if you weren’t even driving? Florida DUI laws, however, don’t always require that your vehicle be in motion to face charges. As a DUI defense lawyer with years of experience handling cases like yours, I want to help you understand the legal issues and how these charges can be challenged.

Florida law is nuanced when it comes to DUI arrests involving parked vehicles, and the specifics of your case will determine the best approach to your defense. Let’s explore what you’re facing and how a strong legal strategy can lead to a favorable outcome.

How Does Florida Define DUI?

Under Florida Statute § 316.193, a person is guilty of DUI if they are in "actual physical control" of a vehicle while under the influence of alcohol or drugs to the extent that their normal faculties are impaired. The law does not require that the car be moving for a DUI arrest to occur. If you were sitting in the driver’s seat, even in a parked vehicle, with the keys in the ignition or within reach, the police might argue that you were in actual physical control.

This interpretation can be troubling because it allows law enforcement officers to make an arrest based on potential intent rather than actual driving. However, this also opens the door for various defenses.

Key Legal Issues in DUI Arrests While Parked

Actual Physical Control

The prosecution must prove that you were in actual physical control of the vehicle. If you were in the passenger seat or asleep in the back seat with the keys stored away, this element of the charge can be contested.

Location of the Vehicle

The location of your car at the time of the arrest plays a significant role in your defense. Were you parked in your driveway, in a legal parking spot, or on the side of the road? Florida courts often evaluate whether the vehicle posed a risk to others or was likely to be driven.

Probable Cause for the Arrest

Officers must have probable cause to believe you were impaired. This could stem from observations like the smell of alcohol, slurred speech, or field sobriety test results. However, these observations can be challenged, especially if you were not actually driving the car.

Defenses Against DUI Charges While Parked

Lack of Actual Physical Control

If we can show that you were not in actual physical control of the vehicle, the prosecution’s case falls apart. Evidence like where you were seated, whether the keys were accessible, or whether the vehicle was operable can support this defense.

Unlawful Arrest

The Fourth Amendment protects you from unlawful searches and seizures. If the officer lacked probable cause to approach your parked vehicle or arrest you for DUI, we can move to suppress any evidence obtained during that encounter.

Field Sobriety and Breathalyzer Test Validity

Field sobriety tests and breathalyzer results are not always reliable. If these tests were administered improperly or the equipment was not maintained according to Florida law, the results may be inadmissible in court.

Necessity Defense

In rare cases, a necessity defense may apply. For instance, if you were parked because you felt it was unsafe to continue driving and pulled over to protect yourself or others, this could be a valid defense.

Penalties for DUI in Florida

Even if you were parked, a DUI conviction carries serious consequences. Under Florida law, penalties for a first DUI offense can include:

  • Fines ranging from $500 to $1,000
  • Probation
  • Up to six months in jail
  • Mandatory completion of a DUI program
  • License suspension

Subsequent offenses carry harsher penalties, including longer jail terms and higher fines. Additionally, a DUI conviction creates a permanent criminal record that can impact your employment and other areas of your life.

The Role of an Experienced DUI Lawyer

If you’re arrested for DUI while parked, working with a skilled lawyer can make all the difference. A strong defense begins with a thorough investigation of the circumstances surrounding your arrest. We’ll examine whether law enforcement followed proper procedures and identify weaknesses in the prosecution’s case. Every detail matters, and our goal is to fight for a dismissal or reduction of charges whenever possible.

FAQs About DUI While Parked in Florida

Can I Be Arrested for DUI in Florida if My Car Wasn’t Moving?
Yes, under Florida law, you can be arrested for DUI if you are in actual physical control of a vehicle, even if it isn’t moving. The key issue is whether the prosecution can prove that you were in control of the car and intended to drive. For instance, if you were sitting in the driver’s seat with the keys in the ignition, officers may argue that you posed a potential risk of driving while impaired. However, if the keys were stored away and you were in the passenger or back seat, this can weaken their case.

What Does "Actual Physical Control" Mean in a DUI Case?
"Actual physical control" means you had the capability to operate the vehicle, even if you weren’t actively driving. This can include sitting in the driver’s seat with access to the keys or being in a position to start the vehicle. Your defense lawyer can challenge whether you truly had control of the car, especially if you were parked in a safe location and made no attempt to drive.

Can I Be Charged With DUI If I Was Parked on Private Property?
Yes, you can still face DUI charges on private property in Florida. The law applies regardless of whether you’re parked on a public road or in your own driveway. However, private property cases often raise additional defenses, such as whether the officer had legal grounds to approach your vehicle in the first place.

What Happens If I Refused a Breathalyzer Test While Parked?
Refusing a breathalyzer test in Florida triggers an automatic license suspension under the state’s implied consent law. Even so, the refusal can sometimes work in your favor during a DUI case, as it denies the prosecution a key piece of evidence. Your lawyer will examine whether the officer properly informed you of the consequences of refusal and whether the arrest itself was lawful.

How Can a Lawyer Help Me Fight DUI Charges While Parked?
A DUI lawyer will review every aspect of your case, from the initial police encounter to the evidence collected. They can argue that you lacked actual physical control, challenge the validity of field sobriety or breathalyzer tests, and question the legality of your arrest. By crafting a tailored defense, your attorney can push for a dismissal, reduction of charges, or favorable plea deal.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.