How Florida’s “Actual Physical Control” Law Can Lead to DUI Arrests

Many people assume that sleeping off alcohol in their car is the responsible choice. However, under Florida law, you can still be arrested and charged with driving under the influence (DUI) even if your vehicle never moves. Florida’s “actual physical control” law plays a significant role in these cases, and understanding how it works can help you avoid the legal pitfalls of this situation. Let’s break down how DUI laws apply to individuals who are simply sleeping in their car, the penalties involved, and the defenses available.


Understanding “Actual Physical Control” Under Florida Law

Florida Statute § 316.193 outlines the state’s DUI laws, stating that a person can be charged with DUI if they are found to be “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 term “actual physical control” is what often catches people off guard.

Actual physical control means that you have the ability to operate the vehicle, even if you are not driving it at the time. Courts interpret this broadly, so if you are sitting or sleeping in the driver’s seat with the keys nearby—or in the ignition—you may be considered in actual physical control.


How Sleeping in Your Car Leads to a DUI Arrest

Imagine this scenario: You leave a bar or party and realize you’ve had too much to drink. To avoid driving, you decide to sleep it off in your car. You sit in the driver’s seat, leave the engine running for air conditioning, and recline your seat to rest. Despite your intentions, a passing police officer sees you and knocks on the window. Once they suspect you may be intoxicated, the situation quickly escalates.

Under Florida law, the following factors can lead to a DUI arrest, even if you were not driving:

  • You are in the driver’s seat.
  • The keys are in the ignition or within easy reach.
  • The car is running or capable of running.
  • You have the ability to operate the vehicle, even if you didn’t intend to.

Factors Courts Consider in “Actual Physical Control” Cases

Florida courts evaluate several factors to determine whether someone had actual physical control of a vehicle. These include:

  • Location of the driver: Sitting in the driver’s seat often leads to stronger claims of control.
  • Position of the keys: If the keys are in the ignition or on your person, it suggests the vehicle could easily be operated.
  • Condition of the vehicle: Was the car running? Was it parked in a legal spot?
  • Intent to drive: While intent is not always required, officers may consider whether you had plans to move the car.

Sleeping in the back seat with the keys stored far away from you may weaken a prosecutor’s argument for actual physical control. However, every situation is unique.


Penalties for a DUI Arrest While Sleeping in Your Car

Being charged with DUI under Florida’s actual physical control law carries the same penalties as if you were caught driving. The severity of the penalties depends on your blood alcohol concentration (BAC), prior DUI history, and whether there were any aggravating factors.

For a first offense DUI, the penalties include:

  • A fine between $500 and $1,000.
  • Up to 6 months in jail.
  • Driver’s license suspension for 6 to 12 months.
  • Installation of an ignition interlock device (IID) at the court’s discretion.
  • Completion of DUI school and community service.

If your BAC is 0.15% or higher, or if there is a minor in the vehicle, the penalties increase significantly.

For second and third offenses, fines, jail time, and license suspensions become even more severe. A third DUI within 10 years is considered a felony offense under Florida law.


Defending Against a DUI Charge for Sleeping in Your Car

If you were arrested for DUI while sleeping in your car, there are several defenses we can use to challenge the charges. Each case depends on its unique circumstances, but here are common defense strategies:

You Were Not in Actual Physical Control

We can argue that you were not in control of the vehicle. For example, if you were sleeping in the back seat and the keys were locked in the trunk or stored far away, this weakens the prosecution’s claim that you were capable of operating the car.

Lack of Probable Cause

The officer must have reasonable suspicion to approach you and probable cause to make an arrest. If the officer lacked proper justification to investigate or arrest you, we can file motions to suppress evidence.

No Intent to Operate the Vehicle

While intent is not required under Florida law, demonstrating that you had no plans to drive can help in some cases. For instance, if you pulled over to a safe, legal spot and made a conscious effort not to drive, this can support your defense.

Medical Conditions or Fatigue

Sometimes, officers mistake medical conditions, fatigue, or even sleep for intoxication. If your behavior or appearance was caused by something other than alcohol, this can be used to challenge the officer’s observations.


Why Officers Make These Arrests

Law enforcement takes a hard stance on impaired driving, and officers often err on the side of caution. They may believe that someone sleeping in their car intends to drive at some point, which can lead to an arrest. Additionally, some officers may not fully understand the nuances of actual physical control, resulting in questionable DUI charges.

While it’s understandable that officers want to prevent impaired driving, these arrests can create unfair situations for individuals who were trying to do the right thing by not driving.


What to Do If You Are Arrested for DUI While Sleeping in Your Car

If you find yourself in this situation, it’s crucial to take the following steps:

  1. Remain polite and cooperative with the officer, but do not admit to drinking or provide unnecessary details.
  2. Do not perform field sobriety tests unless absolutely required. These tests are subjective and can be used against you.
  3. Request to speak with an attorney as soon as possible.
  4. Contact an experienced Florida DUI lawyer who can evaluate your case and begin building a defense.

How We Can Help

Being charged with DUI for simply sleeping in your car can feel frustrating and unfair, but it’s not hopeless. As an experienced Florida DUI defense lawyer, I understand the intricacies of actual physical control laws and how to fight these charges. We will scrutinize every detail of your case, from the officer’s reasoning for the arrest to the evidence presented. By building a strong defense, we can work to get the charges reduced or dismissed altogether.


Florida DUI in Car FAQs

Can I get a DUI in Florida if I wasn’t driving?
Yes, under Florida Statute § 316.193, you can be charged with DUI if you are found in actual physical control of a vehicle while under the influence. Even if the car wasn’t moving, having the keys nearby or sitting in the driver’s seat can lead to an arrest.

What does “actual physical control” mean in a Florida DUI case?
Actual physical control means you have the ability to operate the vehicle, even if you’re not actively driving. For example, sitting in the driver’s seat with the keys in the ignition is considered actual physical control.

How can I avoid a DUI if I need to sleep in my car?
If you plan to sleep in your car, take precautions to avoid being accused of actual physical control. Move to the back seat, turn off the engine, and store the keys somewhere inaccessible, like the trunk. This can reduce the chance of being arrested.

What if I wasn’t planning to drive?
While intent isn’t always necessary for a DUI arrest, showing that you had no plans to operate the vehicle can help your case. For example, pulling into a safe, legal parking spot and taking deliberate steps to sleep off the alcohol can support your defense.

Can I refuse field sobriety tests or a breathalyzer in this situation?
You can refuse field sobriety tests, but refusing a breathalyzer will trigger Florida’s implied consent law, resulting in an automatic license suspension. However, refusing these tests may limit evidence against you, which could help in court.

How can a DUI lawyer help with an “actual physical control” case?
A skilled DUI lawyer can analyze your case for weaknesses, such as lack of probable cause, improper police procedures, or insufficient evidence of actual physical control. By challenging the prosecution’s claims, we can work toward reducing or dismissing the charges.

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.