Yes, you absolutely can get a DUI for sleeping in your car, even if you made the responsible choice not to drive. The law is based on whether you were in "actual physical control" of the vehicle while under the influence, which means you could have started the car and driven away at any moment.
It’s a confusing and stressful situation, especially when you thought you were doing the right thing. A Fort Lauderdale, FL DUI lawyer can help you understand your rights and fight the charges if you’re facing this kind of legal trouble.
Deciding to pull over and "sleep it off" in a parking lot seems like the safest option after a few drinks. You are trying to protect yourself and others on the road. But when a police officer taps on your window, you could find yourself in the middle of a DUI investigation, wondering how your good intentions led to this.
How Can You Get a DUI for Sleeping in Your Car?
The key legal idea here is Actual Physical Control. This term means that even if you are not actively driving, you have the capability to operate the vehicle. A prosecutor does not need to prove your car was in motion.
Instead, they will build a case by looking at the circumstances. To determine if you were in actual physical control, law enforcement will consider several factors:
- The location of the keys: Were the keys in the ignition, even if the car was off? Were they in your pocket, on the passenger seat, or in the center console?
- The state of the engine: Was the car running? Many people leave the engine on for air conditioning or heat, which strongly suggests control.
- Your position in the car: Were you sleeping in the driver’s seat, or were you in the backseat or passenger seat?
- Where the car is located: Was the vehicle parked legally in a designated spot, or was it stopped on the shoulder of a road like I-595?
Under Florida Statute 316.193, it is illegal to drive or be in actual physical control of a vehicle while impaired. There is no simple checklist; an officer and prosecutor will look at the whole picture to decide whether to press charges.
Your Next Steps Matter
An arrest is not the same as a conviction. Facing a charge when you were trying to be responsible can feel deeply unfair, but it is a situation you can address head-on. The details of what happened, from where you put your keys to where you decided to park, can significantly affect how your case proceeds.
Understanding your rights and the specifics of the law is the first step toward building a defense and protecting your future.
If you are facing this confusing charge, you do not have to go in blind. You have options.
At the Rossen Law Firm, our Fort Lauderdale criminal defense lawyer understands the complexities of DUI law and approaches every case with compassion and a commitment to defending your rights.
For a confidential conversation about your situation, you can call them at (754) 206-6200.