Many people believe that if they aren’t driving, they can’t be arrested for DUI. It seems logical—if the engine is off and you’re just trying to sleep off a night of drinking, you should be safe from criminal charges. But Florida law doesn’t work that way. Law enforcement officers can, and often do, arrest people for DUI even when they are parked.
Florida’s “actual physical control” standard means that if you have the ability to operate the vehicle, you can still be charged with DUI—even if you weren’t driving. If you’ve been arrested under these circumstances, it’s critical to challenge the evidence, question law enforcement’s interpretation of the law, and fight to protect your record. A private DUI attorney can help build a strong defense and prevent the long-term consequences of a conviction.
Florida’s DUI Law and “Actual Physical Control”
Under Florida Statutes § 316.193, a person is guilty of driving under the influence if they are:
- Operating a vehicle or in actual physical control of a vehicle
- Under the influence of alcohol or drugs to the extent their normal faculties are impaired
- Or have a blood alcohol concentration (BAC) of 0.08% or higher
The key phrase here is “actual physical control.” You do not have to be driving to be arrested for DUI. If an officer finds you asleep in your car with the keys accessible, you could be charged.
Florida courts have ruled that a person has actual physical control of a vehicle if they have the capability to operate it, even if the car is not moving. The prosecution does not have to prove that the vehicle was in motion—only that you were in a position to drive.
This law is broadly applied and has led to many questionable DUI arrests. The way law enforcement interprets these situations can often be challenged in court, but doing so successfully requires a skilled DUI defense attorney who understands how to dismantle the state’s case.
Common Situations That Lead to Sleeping DUI Arrests
Many people get arrested for DUI while sleeping in their car because they thought they were doing the right thing by not driving. But Florida law doesn’t always recognize intent—only the circumstances at the time of the arrest.
1. Sleeping in the Driver’s Seat
One of the most common ways people get charged with DUI while sleeping is by sitting in the driver’s seat. Law enforcement sees this as an indication of control over the vehicle, even if the keys are not in the ignition.
2. Car Running for Air Conditioning or Heat
Florida’s hot weather makes it common for people to turn the car on for air conditioning while resting. However, if an officer sees the vehicle running, they may assume you were recently driving or about to drive, leading to a DUI arrest.
3. Keys in the Ignition or Within Reach
Even if the car is off, having the keys in the ignition or somewhere accessible can lead to a DUI charge. Officers may argue that this shows you had the intent and ability to drive.
4. Sleeping in a Parking Lot or Rest Area
Some people pull over to sleep in parking lots, rest areas, or the side of the road. While this may seem like the safest choice, it can still result in a DUI arrest if an officer believes you were in actual physical control of the vehicle.
5. Passed Out at a Stoplight or in a Driveway
If an officer finds someone unconscious behind the wheel—even if they stopped to sleep—it often leads to a DUI investigation. These cases can be more difficult to fight because the officer may argue that the driver was operating the vehicle before falling asleep.
Many of these situations result in DUI charges that could have been avoided, and each one requires a strong defense to challenge the arrest. A private attorney will look at the details of your case and push back against weak evidence to fight for the best possible outcome.
Defenses to a Sleeping DUI Charge in Florida
Getting arrested for DUI while sleeping in your car does not mean you will be convicted. There are several legal defenses that can be used to fight the charge, but they require thorough investigation and legal strategy.
1. Lack of Actual Physical Control
If the keys were not in the ignition and not accessible, it may be possible to argue that you did not have actual physical control of the vehicle. Courts consider multiple factors, such as:
- Where you were sitting in the car
- Whether the car was running
- Where the keys were located
A strong DUI defense lawyer will present evidence and case law to prove that you were not in control of the vehicle.
2. No Evidence You Drove
Prosecutors must prove that you drove or had control of the vehicle while impaired. If the police did not witness you driving, and there is no other evidence—such as video footage or witness statements—your attorney can argue that the state cannot prove its case beyond a reasonable doubt.
3. Unlawful Police Encounter
The Fourth Amendment protects people from illegal searches and seizures. If the officer approached your parked car without reasonable suspicion or arrested you without probable cause, we can argue that your constitutional rights were violated, which may result in your case being dismissed.
4. Medical or Other Non-Drinking Explanations
Medical conditions, fatigue, and even certain medications can cause symptoms that mimic impairment. If you appeared intoxicated but were not under the influence, your lawyer can bring in medical evidence to dispute the officer’s observations.
5. Field Sobriety Test Issues
Officers often rely on field sobriety tests to determine impairment, but these tests are highly subjective and can be influenced by fatigue, weather conditions, or nervousness. If the officer did not properly administer the tests, or if your medical history affected the results, we can challenge this evidence in court.
Why You Need a Private DUI Attorney
A DUI conviction can have serious consequences, including:
- A criminal record
- License suspension
- Fines and possible jail time
- Increased insurance rates
Public defenders often handle hundreds of cases at once, making it difficult to focus on the specific details of your defense. A private attorney will:
- Investigate your arrest for weaknesses
- File motions to suppress unlawfully obtained evidence
- Challenge the actual physical control argument
- Negotiate for reduced charges or case dismissal
Your case deserves personalized legal attention, and hiring a private attorney can make the difference between a conviction and a dismissal.
Florida DUI Sleeping in Car FAQs
Can I get a DUI in Florida if I’m sleeping in my car?
Yes. Florida law allows DUI arrests based on actual physical control, meaning you don’t have to be driving to be charged. If an officer believes you were capable of operating the vehicle, they can arrest you for DUI.
How can I fight a DUI charge for sleeping in my car?
You may be able to challenge the actual physical control argument, question the legality of the police encounter, or argue that the state cannot prove you were impaired while in control of the vehicle.
What if my car wasn’t running?
If the engine was off and the keys were not accessible, your attorney may argue that you were not in control of the vehicle, which could weaken the prosecution’s case.
Can I refuse field sobriety tests if I’m asleep in my car?
Yes. Field sobriety tests are voluntary, and you are not required to take them. However, refusing a chemical test after arrest can lead to license suspension under Florida’s implied consent law.
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 at 1-888-484-5057 for your FREE consultation.