Can I be arrested and convicted of DUI if I’m sleeping in my car in South Florida?: DUI Attorney Says "Yes"
Yes, you can and will be arrested for DUI in Florida if you’re found sleeping in the driver’s seat of a car. You don’t have to be driving to get a DUI.
According to Florida law, you can be arrested for DUI as long as you have actual physical control of the vehicle.
What that means is that you have to be physically in the vehicle and be able to operate it. So, if you’re sleeping in the driver’s seat and the car keys are in the ignition, or on the seat next to you, or even in your pocket -- you are legally considered to have actual physical control of the car and can still be arrested for DUI (Driving Under the Influence) even if the car is off, in park, and you're asleep and not actually driving.
Possible exceptions to Florida DUI and sleeping in a car:
If you’re sleeping in the backseat and the car keys are far from you — like in the glove box, for example, that wouldn’t be considered as you having actual physical control of the vehicle. If you're arrested for sleeping in the back seat of a car with the keys far away - you will definitely want a DUI lawyer to fight your Florida case and prove your innocence.
Being convicted of a DUI is a whole other story. Yes, it's possible to be convicted of a DUI if you were arrested for DUI while sleeping in your car, but a conviction is not guaranteed in any case. The prosecution must prove you guilty. Getting a skilled DUI attorney can help defend and protect your rights.