Can You Get a DUI for Sleeping in Your Car?
After a night out, some people may decide to sleep in their vehicle rather than risk driving home while impaired. Sure, while this may seem like the safest choice to prevent a DUI, that is not always the case in the Sunshine State. Under Florida law, a person can be charged with driving under the influence even if the vehicle is not moving. Instead, Florida’s DUI law focuses on whether someone was in actual physical control of a vehicle, rather than whether they were actively driving.
If you have been charged with a DUI after sleeping in your car, seek out the best DUI lawyer in Clearwater with The Law Office of Timothy Sullivan.
What Does “Actual Physical Control” Mean?
Florida courts define actual physical control as being in (or on, in the case of a motorcycle or bike) a vehicle while having the ability to operate a vehicle, even if it is parked. Law enforcement officers do not need to witness someone driving in order to make a DUI arrest. Instead, they evaluate the circumstances to determine whether the individual could have easily put the vehicle in motion.
There are several factors that can influence whether an officer believes that someone had actual physical control over a vehicle. This can include whether the keys were in the ignition or otherwise within easy reach, whether the engine was running for air conditioning or heat, and whether the person was sitting in the driver’s seat or another part of the vehicle. Officers may also look at where the vehicle was parked, such as along a roadway, in a parking lot, or in a private driveway, as well as whether the vehicle itself was capable of being driven.
Because every situation is different, no single factor automatically determines whether a DUI charge is appropriate, and a top DUI attorney in Clearwater can help analyze the facts of your case to determine how to best defend the DUI charge.
Does It Matter If the Engine Is Off?
Many people believe they cannot be arrested for DUI if the engine is turned off. Unfortunately, that is not always true.
Florida courts generally examine the totality of the circumstances rather than focusing on whether the vehicle was running. For example, if someone is sitting in the driver’s seat, has immediate access to the keys, and could quickly start and operate the vehicle, law enforcement could still conclude that the person was in actual physical control and make a DUI arrest. In the same vein, sleeping in the back seat with the keys stored away would be considered differently by an officer.
Can You Be Arrested on Private Property?
A DUI arrest is not limited to public roads. In many situations, Florida law allows DUI charges to be filed when a person is found in a parking lot or other area that is open to public access, including apartment complexes, shopping centers, and retail parking lots.
Although there are limited exceptions depending on the location and circumstances, simply being on private property does not automatically prevent a DUI charge. The overarching factor is whether the person was in actual physical control of an operable vehicle while impaired.
Speak With an Experienced Clearwater DUI Attorney Today
If you were arrested for DUI after sleeping in your vehicle, it is important to remember that being arrested does not automatically mean that you will be convicted. The facts surrounding actual physical control are often complex, and a top DUI attorney in Clearwater can evaluate whether law enforcement had sufficient evidence to support the charge.
For a free case consultation with one of the best DUI lawyers in Clearwater, please contact The Law Office of Timothy Sullivan today.