“Being near the wheel can be enough to get charged. It’s not just about driving—it’s about control.”
– Carolle El-Naffy
You Weren’t Driving—So How Can It Be a DUI?
You weren’t swerving on the road. You weren’t even driving. So how could you possibly be charged with DUI?
In Florida, you don’t need to be caught speeding or crashing to face DUI charges. Under state law, you can be arrested for DUI even if your vehicle isn’t moving—as long as you’re found to be in what the law calls “actual physical control” of the vehicle.
Let’s explore what that means and what you can do about it.
What Is “Actual Physical Control”?
Florida law says you’re in actual physical control if:
- You’re in the vehicle.
- You have the ability to operate the vehicle, even if it’s not running.
- You have access to the keys or ignition, even if you’re not using them.
So yes—sitting in your car with the keys nearby, even parked, can be enough for a DUI arrest.
Common scenarios where this happens:
- Sleeping in the driver’s seat after a night out
- Sitting in a parking lot to “sober up”
- Turning on the car for AC or heat without driving
The Police Perspective
When officers arrive and find you in the driver’s seat, engine running or not, they start asking questions:
- Are you under the influence?
- Are you in control of the vehicle?
- Are the keys in the ignition or within reach?
If the answer to those last two is yes—and you show signs of impairment—you may be charged on the spot.
Can You Be Convicted Without Driving?
Yes. Courts have upheld DUI convictions based solely on actual physical control, especially when:
- The person was in the driver’s seat
- The engine was running
- The keys were in the ignition or lap
- The car was parked on a public roadway
That said, these cases are often more defensible than ones where driving is observed.
Legal Defenses That Could Apply
If you’re facing DUI charges under “actual physical control,” there are defenses worth exploring:
- You were using the vehicle as shelter and had no intent to drive
- You were in the back seat or passenger seat
- The vehicle was inoperable or out of gas
- Someone else had the keys
Each detail matters. That’s why hiring a DUI attorney immediately is critical.
Your Next Move Could Change Everything
A DUI based on “actual physical control” is serious, but not hopeless. The sooner you speak with a knowledgeable DUI attorney, the better your chance at fighting the charge.
Talk to Carolle El-Naffy Today
Were you arrested even though you weren’t driving? You need legal guidance now. Carolle El-Naffy understands the nuances of Florida DUI law and can evaluate whether the state has enough evidence—or if your case should be dismissed altogether.
📞 Call (305) 456-7576 or Contact Us Here to schedule your confidential consultation.
Office (By Appointment Only):
75 Valencia Ave • Suite 800 • Coral Gables, FL 33134