Understanding Florida's Laws on DUI Charges for Sleeping in Your Vehicle

 

You’re parked and sleeping it off. You did the right thing by deciding not to drive, but in Florida, that may not protect you from a DUI charge. Many people are surprised to learn that even when parked, they could face DUI charges if law enforcement finds them sleeping in their car while intoxicated. Florida’s DUI laws have specific rules regarding what’s known as "actual physical control" of a vehicle, which plays a critical role in cases like this.

Here’s an in-depth look at how Florida law approaches DUI charges for people who are sleeping in their parked vehicles, the factors law enforcement considers, and possible defenses you may have if you find yourself in this situation.

Florida’s Definition of DUI and Actual Physical Control

Under Florida Statute 316.193, a person commits 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. Actual physical control generally means that you are in a position to operate the vehicle, whether or not you’re actively driving.

In Florida, “actual physical control” doesn’t require that you’re driving or that the car is even moving. If law enforcement finds you intoxicated and in a position where you could start or operate the vehicle, you may be considered in “actual physical control.” This means that if you’re asleep in the driver’s seat with the keys nearby, there’s a possibility you could face DUI charges. The idea behind this law is to prevent people from being in situations where they might decide to drive under the influence.

Key Factors Police Use to Determine DUI for Sleeping in a Car

When law enforcement officers approach someone sleeping in a parked car, they look at several key factors to decide if a DUI charge is warranted. The officer’s assessment may include:

  • Location of the Keys: If the keys are in the ignition, within reach, or somewhere that gives you quick access, you’re more likely to be considered in "actual physical control."
  • Position in the Car: If you’re in the driver’s seat, even if asleep, it may look as though you had the intention to drive, which can support a DUI charge. However, if you’re sleeping in the back seat or passenger seat, it may suggest a lower risk that you intended to drive.
  • Engine Status: Whether the car’s engine is on, warm, or completely off can also impact the decision to charge for DUI. If the engine is on, even if just for the air conditioning, it can suggest that you had control of the vehicle.
  • Location of the Vehicle: Officers also consider where the vehicle is parked. If you’re parked on the shoulder of a road, they might assume you recently drove there while intoxicated. Conversely, being parked in a private lot or somewhere out of the way could help show that you intended to sleep off the effects of alcohol, not drive.

The police officer’s report will usually include all these observations to support a DUI charge if one is filed. In court, prosecutors may use this evidence to demonstrate that you were in control of the vehicle, even if you were not driving when the officer found you.

Legal Defenses to a DUI Charge While Sleeping in a Parked Car

If you’re charged with DUI while sleeping in your parked car, there are several defenses that could apply to your case. Below are some of the most common defenses that Florida DUI attorneys use in these situations:

  • Lack of Intent to Drive: If you can show that you had no intention of driving, this could work in your favor. For example, if you deliberately chose a sleeping position (like the back seat) and placed your keys out of reach, it may support your case that you intended to avoid driving.
  • Keys Not in Reach: If you placed your keys somewhere far from the driver’s seat, it might indicate that you didn’t plan to drive. Demonstrating that the keys were far from reach when you were found can help argue against actual physical control.
  • Vehicle Not Operable: In some cases, if your vehicle was inoperable or out of gas, you may be able to show that driving was not possible, regardless of intent. Without the ability to drive, actual physical control is harder to establish.
  • Engine Was Off: If the engine was completely off and there was no sign that it had been recently started, this could work in your defense. Evidence showing the vehicle wasn’t on can help demonstrate that you weren’t intending to operate it at the time.

Each DUI case is unique, and other factors might come into play based on the details of your specific situation.

Ramifications of a DUI Conviction in Florida

A DUI conviction in Florida comes with serious consequences. First-time offenders face penalties that include fines ranging from $500 to $1,000, probation, community service, and even potential jail time, particularly if aggravating factors are involved. Additionally, your driver’s license can be suspended, and you may be required to attend DUI school or substance abuse counseling.

Beyond these legal penalties, a DUI conviction can have lasting effects on your life. Having a DUI on your record can affect your job, insurance rates, and even personal relationships. For non-citizens, a DUI conviction could have immigration consequences. That’s why it’s essential to fight a DUI charge aggressively, even if you were not actively driving the vehicle.

How an Experienced DUI Lawyer Can Help

Fighting a DUI charge for sleeping in a parked car requires understanding Florida’s complex DUI laws and knowing how to build a defense that casts doubt on "actual physical control." An experienced DUI attorney can examine the facts, gather evidence, and present a defense that argues against the claim that you were in control of the vehicle. They may also question the validity of the officer’s observations or challenge the reasonableness of the stop, particularly if there was no traffic violation or suspicious activity to justify the initial approach.

Hiring an attorney can be the difference between a conviction and a favorable outcome. Legal representation gives you the advantage of professional knowledge in DUI law, defense strategy, and negotiation skills that can help reduce or eliminate the charges against you.

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

If you’ve been charged with DUI while sleeping in your parked car, it’s crucial to act quickly. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with criminal or traffic offenses. They serve all 67 counties in Florida and are available around the clock to help you. Contact Musca Law 24/7/365 at 1-888-484-5057 for Your FREE Consultation.