06/26/2026
Can you be arrested for DUI in Florida if you are legally parked and have no intention of driving? Unfortunately, the answer is YES. In Florida, the State (Prosecutor) must prove that the Defendant drove or was in actual physical control of the vehicle. Therefore, if you are sitting on the driver's side and you have the keys to the car, the State can prove that you are in actual physical control. The State does not have to prove that you were driving. You would have a great argument for acquittal at trial, though. If you have been arrested and charged with DUI, please call us and we can discuss all your possible defenses. 954-467-1965