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Can I Get Arrested for Drunk Driving if I’m Not Driving?
“Sleep it off” is one of the oldest pieces of advice given to people who’ve had too much alcohol to drink. While there are multiple folk cures for intoxication, the only sure way to sober up is with time. Depending on where someone has been overindulging, the nearest, safest place to “sleep it off” may seem like your car. However, under Florida law, your car may be the worst place to try to sober up.
Florida has one of the highest fatality rates in America for car crashes involving impaired individuals. In 2022 alone, over 3500 people died in car crashes, the second-highest number in America. Of these fatalities, 29% involved a collision with an impaired driver. To reduce the number of fatalities and accidents, Florida has become more vigilant regarding impaired drivers. This vigilance extends to impaired people who could drive a car, including people trying to “sleep it off” in their vehicles. This is why if you or a loved one were arrested for DUI while sleeping in your car, you must contact one of our firm’s experienced DUI attorneys.
Is it a Crime to Sleep in Your Car While Drunk?
Although the name of the crime includes the word “driving,” you do not have to be driving a car to get arrested for a DUI. This is because of how Florida has chosen to word its DUI laws.
Laws governing DUI are outlined in Section 316.193 of the Florida statutes. While the statute outlines circumstances under which a person can be pulled over and arrested for impaired driving, the statute also allows for the arrest of an intoxicated person who is not driving but in “physical control” of the car. For purposes of the law, “physical control” can include but is not necessarily limited to:
- Being in a Running Car
- Being in a Stationary Car with Keys in Your Possession
- Being in a Stationary Car with Keys in the Ignition
Essentially, if you are under the influence of alcohol, and you enter a car, you have the means and ability to drive, it could still be considered DUI under Florida law. Remember, statutes are written to give police officers a wide berth when making DUI arrests. Florida considers arresting someone who might have driven drunk the same as preventing a drunk driving accident. While this may give officers the ability to stop individuals who are making a sincere effort to drive while under the influence, it also means officers can practice an excess of caution and arrest people who had no intention or desire to drive under the influence.
What are the Penalties for DUI While Sleeping in Your Car?
Florida makes no distinction between actually driving a car while under the influence or “sleeping it off.” Both are charged with DUI under Florida law.
If you have never been convicted for DUI, a court may “take it easy” on you because it was a first offense. However, what the law considers “easy” for a first-time DUI conviction is still severe. Even for a first-time DUI offense, you face up to six months in jail and up to a $1,000 fine, in addition to having your license suspended for up to one year. You may also be required to attend DUI school, perform community service, and install an ignition interlock device in your car.
These are all penalties for a first offense. The penalties for second and subsequent DUI convictions become much more severe, including longer jail sentences, higher fines, and longer license suspensions. If your BAC was above .15 or there were children present, these penalties can increase.
What are the Defenses to DUI for Sleeping in my Car?
To avoid a DUI conviction for sleeping in your car while intoxicated, you must prove to a judge that you had no intention of operating the vehicle. This may prove challenging in court. It can be challenging to establish that you didn’t want to do something. This is why an experienced defense attorney is vital if you have been charged with DUI for sleeping in your car while intoxicated.
One potential defense is if you did not have your keys. Suppose you left your car unlocked or gave your keys to a friend who let you in. If you did not have the keys, a defense attorney may be able to establish that you were not in actual physical control of the car.
Another potential defense regards your position in the car and the placement of the keys. If you were asleep in the back seat and the keys were in the vehicle, but they were in the ignition, an attorney may be able to establish you had no intention of driving.
Proximity is another potential defense. Being around a car does not necessarily place someone in control of that vehicle or establish a desire to drive it. Suppose you got inebriated at an event and left to retrieve something from your car, or you were standing outside of your car talking to a friend. Suppose you made no apparent effort to drive the vehicle but were still arrested. In that case, an attorney may be able to argue that there was no evidence to establish that you intended or were attempting to take control of the car. These are only a few potential defenses to DUI charges in Florida. A skilled DUI attorney can review your case and present you with options for your best defense.
What Should I Do if I Am Arrested for DUI While Sleeping in My Car?
Florida takes DUI charges seriously. If you or a loved one were arrested for DUI while sleeping in your car, the court will treat it the same as if you were pulled over for drunk driving. This can mean jail time, fines, the loss of your license, and more. Don’t leave your future to chance.
If you or a loved one was arrested for DUI while sleeping in your car, don’t hesitate to contact one of our experienced attorneys at The Defense Group. We don’t believe people should be punished based on technicalities or for trying to do the right thing. Someone trying to sober up so they can drive responsibly shouldn’t be treated the same as someone who drove drunk. Let us take the wheel for you. Contact one of the attorneys at The Defense Group today at 407-743-8430 to schedule your free consultation.
