If you’ve ever decided to “sleep it off” in your car after drinking, you’re not alone — and on the surface, it seems like the responsible thing to do. But in Florida, even sleeping in your car while intoxicated can lead to a DUI arrest as a Tampa, FL DUI defense lawyer who has been rated by Super Lawyers has seen.
Surprised? Here’s what Florida law says, how it applies to parked drivers, and why you should never assume you’re in the clear — even if your car never moved an inch.
What Florida Law Actually Says
Under Florida Statute §316.193, you can be charged with DUI if you are:
- Under the influence of alcohol or a controlled substance to the point of impairment, and
- In actual physical control of a motor vehicle.
The key phrase here is “actual physical control.” You do not need to be driving to be arrested, and there are actually different types of DUI charges you might face.
What Is “Actual Physical Control”?
“Actual physical control” means you have the ability to operate the vehicle, even if you’re not currently driving it. Courts look at several factors:
Question
Why It Matters
Were you in the driver’s seat?
Suggests possible intent to drive
Was the engine running or keys in the ignition?
Shows capability to operate the car
Where were the keys?
If they were in your hand, lap, or nearby
Was the car parked in a public space or roadside?
Law enforcement sees this as risk of driving
Were you awake or asleep?
Even asleep, you could be considered in control
You could be charged with DUI if police believe you could have driven at any time—even if you were just trying to stay safe.
Yes — You Can Be Arrested For Sleeping In Your Car
People are often shocked to learn that their attempt to avoid driving drunk can result in a DUI arrest. Officers often don’t want to take a chance and may leave it up to the courts to decide.
Even parked cars can result in criminal charges if law enforcement believes you were impaired and in physical control of the vehicle. If you are arrested, be careful to avoid common mistakes in a DUI case.
How We Defend These Charges
The good news? These cases are often very defensible, especially with the right legal strategy. A skilled DUI defense attorney can argue:
- You were not in actual physical control
- The car was off, and the keys were inaccessible
- You were parked safely, not posing any danger
- You took reasonable steps to avoid driving
In many cases, charges can be reduced — or dismissed altogether.
What Should You Do Now?
If you were arrested for DUI while sleeping in your car, don’t assume you’re guilty. These charges involve gray areas that an experienced attorney can challenge.
Even if the police report looks strong, there may be legal and technical defenses that could protect your record and your future.
Schedule Your Free DUI Consultation Today
At Stechschulte Nell, we’ve helped hundreds of clients facing DUI charges — including those arrested while sleeping in their vehicles. We’ll walk you through your options and fight to protect your rights. We have a 10.0 rating on Avvo from working with clients just like you. Contact us today for help!
