Understanding Florida DUI Laws and Your Legal Rights
Driving under the influence (DUI) laws in Florida are strict, and many people assume that you must be actively driving a vehicle to face DUI charges. However, Florida law doesn't always require a moving vehicle for a DUI arrest. As a Florida DUI defense lawyer, I’ve seen cases where individuals were arrested while parked, sitting in their vehicles, or even when their car was turned off. Understanding the nuances of Florida DUI law is critical if you find yourself in such a situation.
The Legal Basis for DUI Arrests in Florida
Under Florida Statute §316.193, a person can be charged with DUI if they are in “actual physical control” of a vehicle while impaired by alcohol or drugs. This means you don’t have to be driving for law enforcement to make an arrest. If you're sitting in the driver's seat with the keys in your possession, the law may consider you to be in control of the vehicle, even if it isn’t moving.
The intent of this law is to prevent impaired individuals from having the potential to drive. Law enforcement officers look at factors like the location of the keys, whether the engine is running, and your position in the vehicle to determine if you are in control.
What Constitutes "Actual Physical Control"?
“Actual physical control” is a broad term, and it often becomes the center of DUI cases where the vehicle wasn’t moving. Courts typically consider whether:
- You were in the driver’s seat.
- The vehicle's engine was on.
- You had the keys in your hand, pocket, or within reach.
- The car was capable of being driven.
For example, if you pull over to the side of the road to sleep off the effects of alcohol but keep the keys in the ignition, you could still face a DUI charge. This scenario underscores the importance of understanding how physical control is interpreted under Florida law.
Arrests in Parking Lots or Private Property
A common misconception is that DUI laws only apply on public roads. In Florida, you can be arrested for DUI even on private property, such as parking lots or driveways. Florida law does not distinguish between public and private property when it comes to DUI enforcement, as the goal is to prevent impaired driving in any location.
Defenses to a DUI Arrest When the Car Wasn’t Moving
Facing a DUI charge under these circumstances can be overwhelming, but there are potential defenses to consider. As your defense lawyer, I would evaluate every detail of your case to challenge the prosecution's evidence. Some common defenses include:
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No Actual Physical Control
If you were not in the driver’s seat, or if the keys were not accessible, you might argue that you weren’t in control of the vehicle. -
Improper Police Procedure
Officers must have a valid reason for approaching your vehicle. If there was no probable cause for the encounter or arrest, we can challenge the legality of the stop. -
Lack of Evidence
The prosecution must prove impairment. If you weren’t driving, the absence of erratic behavior or other signs of impairment may weaken their case. -
Field Sobriety or Chemical Test Issues
Faulty equipment, improper administration of tests, or violations of your rights during testing can all form the basis of a defense.
Ramifications of a DUI Conviction in Florida
A DUI conviction can lead to severe penalties, including:
- Fines ranging from $500 to $2,000 for a first offense.
- License suspension for six months to a year.
- Probation or community service.
- Possible jail time, depending on the circumstances.
If you’re convicted of DUI while not driving, the penalties are just as serious as if you were caught in motion.
Steps to Take If You’re Arrested
If you're arrested for DUI in Florida, remember these critical steps:
- Stay Calm: Avoid resisting or arguing with law enforcement.
- Do Not Volunteer Information: Exercise your right to remain silent and request an attorney.
- Contact a DUI Lawyer Immediately: A skilled DUI lawyer can assess your case and protect your rights.
Time is crucial in DUI cases, especially since administrative penalties like license suspension take effect quickly.
Why You Need Legal Representation
DUI cases involving non-moving vehicles often hinge on complex legal arguments. Hiring a lawyer who understands Florida’s DUI laws gives you the best chance of minimizing the impact on your life. I’m here to help you fight for a fair outcome, whether that means reduced charges, a dismissal, or an alternative resolution.
Florida DUI FAQs
Can I Be Arrested for DUI If I Was Sleeping in My Car in Florida?
Yes, you can. Florida law focuses on whether you were in “actual physical control” of the vehicle. If you’re found in the driver’s seat with the keys nearby, law enforcement might interpret that as control, even if you were asleep. However, there are defenses we can raise to argue that you had no intention of driving or were not impaired.
Does the Engine Need to Be Running to Be Charged With DUI in Florida?
No, the engine doesn’t need to be running. If you’re in the driver’s seat and the keys are within your reach, you could still be considered in control of the vehicle. Courts often look at the totality of circumstances, such as whether the car was operable at the time.
What Should I Do If I’m Arrested for DUI While My Car Was Parked?
Remain respectful and avoid making statements that could be used against you. Contact an attorney immediately to evaluate the circumstances of your arrest and explore possible defenses.
Can I Fight a DUI Charge If My Car Wasn’t Moving?
Absolutely. There are defenses available, such as proving you were not in physical control of the vehicle or that law enforcement lacked probable cause for the arrest. Every case is unique, and a strong defense strategy starts with a thorough review of the facts.
Are DUI Penalties Different If the Car Wasn’t Moving?
The penalties for DUI in Florida are the same regardless of whether your car was moving or parked. The key factor is whether the prosecution can prove you were impaired and in actual physical control of the vehicle.
How Can a Lawyer Help in a DUI Case Involving a Non-Moving Vehicle?
A lawyer can challenge the evidence, such as whether you were in actual physical control, the accuracy of field sobriety tests, or the legality of the police encounter. Having an attorney on your side ensures your rights are protected throughout the process.
Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation
If you’ve been arrested for DUI in Florida, even if your car wasn’t moving, don’t face the charges alone. 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. We serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.