Actual physical control · Florida
Can you face a DUI in Florida if the car isn't moving?
With Sabrina Jadunandan, Orlando DUI defense attorneyDuration 0:57Reviewed 2026-09-15
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Can you face a DUI in Florida even when the car isn't moving?
Potentially, yes. Florida's DUI law reaches a person in actual physical control of a vehicle, not only someone driving, so a car that isn't moving can still support a DUI case. Sabrina's guidance in this clip: if you're too drunk to drive, don't drive — and if you're going to stay in the vehicle while you sober up, create as much separation as possible between yourself and the ability to operate it. Sit in the back seat, turn the engine completely off, and keep the keys away from you. None of these steps guarantees you won't be arrested or charged, but the more separation there is, the better.
What this video covers
- Actual physical control in Florida
- How to create separation from the vehicle
- Why no setup guarantees no arrest
Full transcript
Too drunk to drive? Don't drive. Period. If you're going to stay in your vehicle while you sober up, create as much separation as possible between yourself and the ability to operate the car. Sit in the back seat. Turn the engine completely off. Keep the keys away from you. And most importantly — do not drive. In Florida, you can potentially face a DUI even when the car isn't moving because the law considers actual physical control of the vehicle. These steps don't guarantee you won't be arrested or charged, but the more separation there is between you and the ability to operate the vehicle, the better.
Florida law and sources
- Florida Statute §316.193 — Driving under the influenceFlorida Legislature
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The information on this website is for general information only and is not legal advice.