Can I be arrested & convicted of DUI for sleeping in my car?

woman sleeping in her car with her head and hands on steering wheel. Text reads

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.

Free South Florida DUI Defense Strategy Session

We’ve successfully handled a variety of DUI charges and cases and are confident we can give you the results and aggressive defense you deserve and need to protect your liberty. We offer a FREE strategy session to new clients interested in discussing the details of their case so you know how we plan to get the best possible outcome for you and your case. Give us a call todayFort Lauderdale: (754) 206-6200Sunrise: (754) 999-2499Boca Raton: (561) 880-8181

Google Reviews

kevin tabron

00:07 08 Sep 22

In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!

Jason Higley

15:24 26 Aug 22

I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!

Felix I H

13:27 28 Jul 22

Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.

Terry Christopher

12:32 09 May 22

I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.

Ketiana Province

20:27 23 Mar 22

My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.