Can I be stopped and arrested for DUI in Florida even if the vehicle was not moving?
In Florida, DUI means that you were in control of a motor vehicle. In other words, you could be asleep in the back seat of the car, but you have the keys to the vehicle with you. That’s control of the motor vehicle and you could be arrested. You could be stopped on the side of the road and asleep in the front seat, car is running or the keys are in the ignition or even in your pocket. You could be arrested because you have actual physical control of that motor vehicle and you’re under the influence of alcohol.
If for any reason you find you need to sleep in the vehicle, leave the keys in an area that’s not accessible outside of the vehicle or in the trunk. Somewhere where it’s not on you or in the vehicle and where the officer can’t say that you could have turned the vehicle on and therefore were in actual physical control of the car.