Understanding the Legal Risks of Being in a Parked Vehicle After Drinking
If you’ve had a few drinks and decide to sleep it off in your car, you might believe you’re making a responsible decision. After all, you’re not driving, and the engine is off. However, Florida’s DUI laws are not as straightforward as they seem. It’s possible to face a DUI charge even if your vehicle isn’t in motion. Let’s discuss how this can happen, the factors that law enforcement considers, and what you can do to protect yourself if you find yourself in this situation.
The Legal Definition of DUI in Florida
Under Florida Statutes § 316.193, a person can be charged with Driving Under the Influence (DUI) if they are either driving or in "actual physical control" of a vehicle while impaired. Actual physical control means you have the ability to operate the vehicle, even if you are not actively driving. This definition is broad and can include situations where the car is parked, and the engine is off.
The intent behind this law is to prevent impaired individuals from putting themselves or others at risk. But the term "actual physical control" has led to many legal disputes because it’s not always clear-cut. The courts consider several factors to determine whether someone had actual physical control of the vehicle.
Factors Law Enforcement Considers
If you’re found sleeping in your car, several factors can influence whether you’ll be charged with DUI:
-
Location of the Keys
If the keys are in the ignition, or even within easy reach, an officer may argue that you were in actual physical control of the vehicle. Keeping the keys out of reach, such as in the trunk, can help demonstrate that you had no intention to drive. -
Your Position in the Car
Sitting in the driver’s seat can imply that you intended to drive, even if the engine is off. If you’re sleeping in the back seat, it’s harder for the prosecution to prove intent to operate the vehicle. -
Location of the Vehicle
Where your car is parked matters. If it’s in a driveway or a private lot, it’s less likely to raise suspicion than being parked on the side of a public road or highway. -
Circumstantial Evidence
Law enforcement will look for signs of recent driving, such as a warm hood or tire tracks, to build their case. They may also ask how the car got to its location.
Why the Engine Being Off May Not Be Enough
Simply turning off the engine does not necessarily protect you from a DUI charge. Courts have held that the potential to drive, rather than actual driving, is enough to meet the definition of "actual physical control." For example, if you’re in the driver’s seat with the keys nearby, an officer may argue that you could easily decide to start the car and drive.
Legal Defenses for DUI While Sleeping in Your Car
Facing a DUI charge in these circumstances can be frustrating and confusing. However, several defenses can be used to challenge the charges:
-
No Actual Physical Control
If you can prove that you had no intention or ability to drive, such as by showing that the keys were stored away, this can be a strong defense. -
Unlawful Arrest
If the officer lacked probable cause to believe you were in control of the vehicle or that you were impaired, the arrest could be challenged. -
Improper Testing Procedures
DUI cases often rely on field sobriety tests or breathalyzer results. If these tests were not conducted properly, the evidence can be called into question. -
Lack of Evidence of Impairment
The prosecution must prove that you were impaired. If your behavior, speech, and motor skills did not indicate impairment, your attorney can argue that the charges are unwarranted.
Florida Case Law on Sleeping in a Vehicle
Florida courts have addressed cases where individuals were charged with DUI while sleeping in their cars. In many instances, the outcome hinges on the specific facts, such as the location of the keys and the defendant’s actions before being discovered. For example:
-
In Griffin v. State, the court dismissed a DUI charge because the defendant was sleeping in the passenger seat with the keys in the glove box, demonstrating no intent to drive.
-
Conversely, in State v. Boynton, the court upheld the charge because the defendant was in the driver’s seat, and the keys were within reach.
These cases illustrate that outcomes can vary significantly based on the circumstances.
Avoiding a DUI Charge in This Situation
To minimize the risk of being charged with DUI while sleeping in your car, consider the following:
- Park in a safe, legal location, such as a driveway or parking lot.
- Store your keys in a location where you cannot easily access them, such as the trunk.
- Avoid sitting in the driver’s seat.
- Be cautious about what you say to law enforcement. Admissions, such as stating that you planned to drive, can be used against you.
What to Do If You Are Charged
If you are arrested for DUI in this situation, it’s important to act quickly. DUI convictions carry severe penalties, including fines, license suspension, and even jail time. Working with an experienced DUI defense lawyer can make a significant difference in the outcome of your case.
A skilled attorney will review the facts, challenge the prosecution’s evidence, and explore every possible defense. Remember, the burden of proof lies with the prosecution, and they must establish beyond a reasonable doubt that you were impaired and in actual physical control of the vehicle.
Flroida "Not Driving" DUI Arrest FAQs
Can I Be Charged with DUI If I’m in My Car but Not Driving?
Yes, you can. Florida law allows for DUI charges if you are in "actual physical control" of a vehicle while impaired. This means you don’t need to be driving; the potential to operate the vehicle is enough.
Does Sitting in the Passenger Seat Protect Me from a DUI Charge?
It depends. If the keys are stored away and there’s no evidence that you operated or intended to operate the vehicle, sitting in the passenger seat can support your defense. However, each case is unique, and the outcome will depend on the specific circumstances.
Can I Fight a DUI Charge If the Engine Was Off?
Yes, you can fight the charge. A key argument is whether you were in actual physical control of the vehicle. Factors like the location of the keys and your position in the car can be used to challenge the charges.
What Should I Say to the Police If I’m Found Sleeping in My Car?
It’s best to politely decline to answer questions without an attorney present. Anything you say can be used as evidence against you, so avoid making any admissions or explanations.
Can a DUI Charge Be Dismissed If I Wasn’t Driving?
Yes, a charge can be dismissed if you can show that you were not in actual physical control of the vehicle. This often involves presenting evidence that you had no intent or ability to drive.
Do I Need a Lawyer If I’m Charged with DUI While Sleeping in My Car?
Yes. A DUI charge can have serious consequences, and an experienced lawyer can help you build a strong defense. They will analyze the facts of your case, challenge the evidence, and fight to protect your rights.
Call 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.