How can I defend myself from a DUI if my friend was driving? 55 Answers as of June 08, 2011

I was arrested in April for a dui. I was somehow sleeping in my car in the drivers seat, and a friend sleeping in the passenger seat, my other friend was driving my car. We were supposed to go home. As I woke to cops knocking on my window, I noticed my friend (the driver) was nowhere in the car. How can they prove I was drinking and driving if my car was off, parked and we were sleeping?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I think with more than one occupant, you have a legitimate potential defense, as either one of you could have been driving. There are some risks however. If you had the keys and the ability to operate the vehicle. Get a lawyer. Stay well.
Answer Applies to: Alabama
Replied: 6/8/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
In Michigan, there are a series of cases which address this situation, and which may answer your questions. You should consult an attorney in your jurisdiction to discuss what can be done in your case. It is too lengthy a discussion to explain each of the reported cases in this type of situation. Suffice it to say that if you are in a position to operate the vehicle, then you can be deemed to be operating for purposes of a DUI conviction. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 6/7/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You cannot defend yourself on a criminal charge. You must retain an attorney or have one appointed if you are indigent. Your summary states that you were sleeping behind the wheel when the police knocked on the window. If the keys were in the ignition you were technically "operating the vehicle" and if you were intoxicated...and we can assume that you probably were since you passed out, they you are guilty of DWI or Driving While Impaired as a violation. You are lucky that you passed out before you killed someone, learn from your mistake and take a cab the next time you get to drunk to walk. Good Luck.
Answer Applies to: New York
Replied: 6/6/2011
Law Office of Maureen Furlong Baldwin
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
This is really a case where you will need an attorney. If you cannot afford an attorney, contact the Public Defender. Your case may very well be winnable, but you dont just get to go in and explain things. You really need professional help here.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You will likely need an attorney and possibly have to go to trial. This defense is offered not uncommonly and my suspicion is that the cop and the DA are not going to believe it. A jury may need to decide the issue.
Answer Applies to: California
Replied: 6/6/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    Based on the facts you provided it would be impossible for the prosecutor to convict you of a DUI. However, there is a similar offense with the same penalties that the prosecutor may be able to convict you of - it's called "Physical Control." Physical Control is a DUI without the driving. However, to be in physical control of the vehicle you must have the keys in your possession, in the ignition, or close at hand. If the car was running when the officer contacted you it could be problematic. However, the next question that needs answering is why did the officer contact you? He needs a reason - he just cannot appear and contact you. Many issues - this is a complicated case that needs good representation. Do not proceed by yourself. If you have any questions regarding this issues or others, or wish to discuss how to avoid a DUI conviction please contact my office or check out my website.
    Answer Applies to: Washington
    Replied: 6/6/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Good point. They may not be able to prove the driving. It sounds like the car was turned off and had been for awhile. Was there any alcohol in the vehicle? Were you in fact under the influence? Were you tested? Usually the police recognize they have a difficult case to prove, but by arresting you they prevent you from driving after they leave. Even if you weren't driving they might have a case against you for being drunk in public. Good luck.
    Answer Applies to: California
    Replied: 6/6/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    This is a very fact specific situation. You should consult with an attorney as you may have defenses to present to the DUI.
    Answer Applies to: Kansas
    Replied: 6/6/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Proving he was driving is not likely to happen unless he admits to it and credibly confesses the crime, risking his own arrest based upon the confession. Even with that, you have only an argument and disputed facts. There is no guarantee the DA, judge or jury will believe that story. Of course you can fight it. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/6/2011
    Law Office of Mark A. Chmelewski, PS
    Law Office of Mark A. Chmelewski, PS | Mark A. Chmelewski
    Best not to defend yourself, retain the services of an attorney.
    Answer Applies to: Washington
    Replied: 6/6/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Sorry to have to tell you, but the prosecutor can indeed prove the DWI through circumstantial evidence and the fact that they found you in the driver's seat with the keys in the car and nobody else around is usually pretty persuasive proof to a jury.By the way, how did someone else drive your car while you were in the driver's seat? That's a hard thing for anyone to comprehend in the first place. If you can overcome that little problem, then you'll still have to explain how your vehicle got to the side of the road without you driving it. That friend could come forward and testify, but then, how did the friend drive with you in the seat as well. And how did he/she leave the scene and get home, etc. I trust you're seeing the difficulties with your explanation so far. I suggest you consult with an experienced attorney who does DWIs and defend the case after speaking with him or her in depth so you get everything worked out ahead of time. Good luck.
    Answer Applies to: New York
    Replied: 6/6/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You need to retain counsel to represent you against these charges forthwith. This is what we do.
    Answer Applies to: New York
    Replied: 6/6/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Although I don't quite understand how you could be sleeping in the driver's seat while someone other than you were driving (must be a big car!), if the car was not running and legally parked you certainly have an issue at trial. I practice in Oregon where the element of DUII that is relevant to your case is "driving on a public highway or premises open to the public." In other words, there is no such thing as "drunk parking." The state will attempt to prove that you drove the car there while drunk, so you need to get your buddy to testify that he and not you drove the car there and then left. How you inexplicably ended up in the driver's seat is immaterial as long as you didn't move the car. Another potential issue comes from the cop banging on the window and the contact that led to your arrest. Did he have the authority to start questioning you about anything? I can anticipate the answer being he wanted to make sure you were okay (which he can arguably do) but he does need to have a reasonable belief that you were in danger or a reasonable suspicion that you had committed a crime. He may have had no business checking up on you as you snoozed.
    Answer Applies to: Oregon
    Replied: 6/6/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    To prove a DUI, they have to prove that you were driving. However there is another charge called "physical control under the influence." You can be convicted of this if you are intoxicated and sitting in a car that is capable of being driven. Were the keys in the ignition? Were you asleep in the driver's seat when they got there? Will your friend testify that he was driving?
    Answer Applies to: Washington
    Replied: 6/6/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to be able to determine if the police could establish that it was you that was the driver. You should hire an attorney.
    Answer Applies to: New York
    Replied: 6/6/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    This is a common occurrence. It may be possible to prove you weren't driving, but the police and prosecutor are entitled to certain presumptions that you were driving if you were in the driver's seat. If you are in NJ or NY, call me for a consultation so I can get more facts. If you are in another state, find a DWI attorney. While you will pay the lawyer a fee, it could save you thousands of dollars and a conviction to do so. You are unlikely to succeed in defending yourself. It is simply too complicated an area of law.
    Answer Applies to: New Jersey
    Replied: 6/6/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    In California, the district attorney must prove you actually drove the car. Not just that you were sitting in the driver's seat. Without an admission, your position in that seat is only circumstantial evidence. It is not strong evidence. You have a great defense. Your friend could testify on your behalf. He shouldn't have to worry about being charged since they would have no evidence against him. His admission to driving would not be enough. It would help you though.
    Answer Applies to: California
    Replied: 6/6/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Never, EVER represent yourself in a DUI case. The consequences of a conviction for this offense could be catastrophic for you and your future. Retain counsel to represent you and review all the facts with him. If you were found in the driver's seat, with the keys in the ignition, you could be convicted for being in control of a vehicle while under the influence, as the prosecution does not need to prove the vehicle was actually moving. Talk to that lawyer, you may be able to beat the case, but you will lose if you try to do this on your own.
    Answer Applies to: Illinois
    Replied: 6/6/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    The fact that you were not driving at the time of the arrest could serve as a possible defense in this matter. One aspect to consider is whether or not the keys were in the ignition at the time of the arrest. You should consult with a local attorney who, with more information about the circumstances of the arrest will be able to advise you how to proceed. You should certainly consider hiring an attorney to defend you against DUI charges which can potentially be very serious and have long-term impact on your life if convicted. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/6/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    They can't prove it directly but they try to prove it by circumstantial evidence. They will look at the following: Was the motor still warm Was it your car Were the keys in the ignition What statements did you make to them when arrested Whether there were any identifiable witnesses at the scene This would be a good case to talk to a lawyer about.
    Answer Applies to: California
    Replied: 6/6/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    You should consult with and either retain an attorney privately or request a court-appointed attorney. Convictions for OWI's or DUI's may result in jail time, significant license sanctions, probation, and will potentially stay on a person's criminal and driving record for a very long time. The right council is very important. Your particular question would require "specific" legal advice and a very thorough review of your police report, any discovery turned over by the prosecutor, potential witness testimony, and a litany of other factors. This answer does not contain specific legal advice. If you need specific legal advice for your particular circumstances, consult directly with an attorney. Speaking generally, anyone charged with a criminal offense is presumed innocent until proven guilty.The prosecutor needs to prove their case beyond a reasonable doubt. However, prosecutors can prove their case using "circumstantial evidence." "Circumstantial" evidence is not necessarily the strongest evidence, however, it could be enough for a potential conviction. Prosecutors will attempt to persuade a judge a jury that certain "logical" (i.e., a happened and b happened, therefore, you can "logically" infer from a + b that c happened, even though nobody directly saw "c") inferences based on the circumstances should be made when utilizing "circumstantial" evidence. If the "circumstantial" evidence is admissible and presented at trial, based on that evidence, a judge or jury could infer that a person is guilty of the charged offense. With OWI or DUI charges, it is especially important to retain legal council or request a court appointed attorney.
    Answer Applies to: Michigan
    Replied: 6/6/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    You need to retain an attorney to deal with this. This is an interesting fact pattern. The burden of proof is with the prosecutor. An attorney can help you navigate through this.
    Answer Applies to: California
    Replied: 6/6/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    It sounds like you were charged with Physical Control and a key component of that charge is whether you had the keys in the ignition of the car. I would want to know how and why you switched places with your friend and ended up in the driver's seat before offering any further advice to you.
    Answer Applies to: Washington
    Replied: 6/6/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A conviction for DUI can be made whether you are driving the vehicle or if you are in possession of a vehicle if you are too intoxicated to drive. It is called drunk in possession. The penalties for drunk in possession are the same as driving under the influence.
    Answer Applies to: Alabama
    Replied: 6/6/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    Plead not guilty, go to trial and make them prove you were in fact the driver. I doubt your so-called friend will come to court and say that he/she was driving, but I would ask the question.
    Answer Applies to: Georgia
    Replied: 6/6/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You are being charged based upon the idea that you where in actual physical control of the car. I have defended a lot of these types of cases. Need driver and other passenger to testify.
    Answer Applies to: Nebraska
    Replied: 6/6/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    In Colorado, it is considered 'driving' if you are in the drivers seat and the key is in the ignition, whether the car is running or not. If your friend admits to driving the car when it was in motion, it might help your case a little, but not a lot.
    Answer Applies to: Colorado
    Replied: 6/6/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would urge you to retain an experienced criminal defense attorney as soon as possible, and discuss all the facts, as well as your rights and options, including the right to demand a jury trial. Hopefully, your friends will back you up that you were not driving. Good luck!
    Answer Applies to: Georgia
    Replied: 6/6/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The law speaks of a person being in control of the automobile. Sometimes this can occur from simply being in the driver's seat. However, based on the information given, if your friend is willing to testify as to what occurred and the fact he was the driver, you may have a defense. The assistance of an attorney as you work through this process would be helpful to you.
    Answer Applies to: Michigan
    Replied: 6/6/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    First of all remember that it is the prosecutor's job to prove that you were driving and that you were under the influence (or over the limit) while driving. I have had plenty of cases that resulted in not guilty verdicts where my client was passed out behind the wheel with the engine running (at a red light, in a McDonald's drive-thru, in a turn lane, in a restaurant parking lot....). But, as I look back on those cases I have to say that I do not believe that there is any chance that my client would have one in any of those particular cases if he had tried to defend himself. I am not saying it is impossible for a non-lawyer to win his own trial, but remember that you will be up against a trained officer and an experienced prosecutor. I strongly suggest that you find a good DUI attorney in your area.
    Answer Applies to: Georgia
    Replied: 6/6/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    It sounds complicated but were you on the roadway? Would have to look at the police report to see what their version is.
    Answer Applies to: Ohio
    Replied: 6/6/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You can certainly argue that but unless you have some evidence besides your word I am not sure it will go very far.
    Answer Applies to: Pennsylvania
    Replied: 6/6/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    Get a very good DUI lawyer and take the case to trial. A no driving defense is often your best defense in a DUI trial.
    Answer Applies to: California
    Replied: 6/3/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is impossible to tell you how to defend yourself without reviewing all of the evidence in the case including police reports, audio tapes, video tapes and more. To be charged with a DWI, it is only necessary that you were able to operate the motor vehicle. It is not necessary that you were driving. There is a requirement of an intent. As a result, how you ended up in the river's seat can be a crucial issue. You should hire legal counsel immediately.
    Answer Applies to: Minnesota
    Replied: 6/3/2011
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    Surprisingly, in Illinois, if you were in control of the car, with the keys in the ignition or in your pocket, the police can make a strong case against you.
    Answer Applies to: Illinois
    Replied: 6/3/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If the ignition was off, that is helpful. As are witnesses who can attest that you were not the driver. I would advise hiring an experienced DUI attorney who is familiar with these types of cases. I can be contacted through 1duilawyer.com if you would like a free consultation to discuss your case in further detail. There are a lot of intricacies involved in defending a DUI case...even in cases where there is no driving witnessed.
    Answer Applies to: California
    Replied: 6/3/2011
    West law Office
    West law Office | Russell West
    Most state laws for DUI don't distinguish between actually driving your vehicle and being in physical control. If you were in the driver's seat with keys in the ignition or nearby then an officer can assume that you are in control of the vehicle and can arrest you for DUI if you fail a field sobriety or breathalyzer. You may have a good chance of winning this case however in front of a jury. Also probably a good chance of a reduced charged with a plea bargain.
    Answer Applies to: Washington
    Replied: 6/3/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Maybe they can't, and that's what trials are for. But it's no surprise that they suspect you under the circumstances. Hire counsel if you can, and if you can't afford it the court will appoint counsel for you.
    Answer Applies to: Oregon
    Replied: 6/3/2011
    Meaney & Patrin, P.A.
    Meaney & Patrin, P.A. | Derek Patrin
    The prosecutor will use the "physical control" law to try to convict you of DWI in this type of case. In Minnesota, a person is guilty of DWI if they drive, operate, or exercise physical control over a vehicle while impaired by alcohol or drugs. In your scenario you were not driving or operating the vehicle, but it could be argued that you were exercising physical control by virtue of being in the driver's seat. The location of the keys will also be an important factor. The courts use a "totality of the circumstances" approach to determine if a person was exercising physical control, so each case is very unique to itself. You would likely want to take a case like this to trial if it doesn't get dismissed at a contested pretrial hearing, so it is imperative that you speak with an experienced DWI attorney as soon as possible. Keep in mind that you can also challenge your corresponding license revocation, but the deadline to file that challenge is only 30 days from the date you receive notice of your license being revoked. Do not procrastinate and waive challenges inadvertently.
    Answer Applies to: Minnesota
    Replied: 6/3/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    They assume you drove to the point where you passed out. You are in real trouble and you had better hire a lawyer.
    Answer Applies to: Oregon
    Replied: 6/3/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    You need an attorney to represent you. An attorney knows the case law that may be helpful with the facts you relate.
    Answer Applies to: Colorado
    Replied: 6/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You can't. Representing yourself in a no-drive DUI is a sure way to get a DUI. First, the prosecutor will not even take you seriously, much less listen to what you have to say. Second, the prosecutor is unlikely to dismiss a case where you are representing yourself (just imagine the embarrassment!). If you find this hard to believe just try to go to court yourself and see what happens.
    Answer Applies to: California
    Replied: 6/3/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    You drove to where you parked and slept, didn't you?! Is your friend going to spring up and say, "Wait! No! Hey! I was driving, not my innocent Budrow there!" If not, you have problems. Can you prove that you drank after you drove (i.e., after you parked)? I really hate to see the cheesy District Attorney file this crap, after the cheesy cops made the fraudulent arrest. On the other hand... You have no witness, apparently, and you were "somehow" sleeping in the driver's seat (yeah, right). I mean, how could your friend "drive" if you were sleeping in the driver's seat. I do not know what else to tell you, my friend, but you need an evidence make-over.
    Answer Applies to: California
    Replied: 6/3/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    For operation in Connecticut, the police need for you to be in the drivers seat with the keys in the ignition. It does not matter if the vehicle is parked.
    Answer Applies to: Connecticut
    Replied: 6/3/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You need an attorney and would have to get the friend who was driving to testify at trial. They may not have proof that you were drinking and driving but they will probably want to take this to trial, so get an attorney
    Answer Applies to: Michigan
    Replied: 6/3/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    You have rights in this matter. The best way to defend yourself is to hire an experienced attorney to represent you and can help you. A very experienced and affordable attorney is the way to go.
    Answer Applies to: Michigan
    Replied: 6/3/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If you weren't driving why were you sleeping on the driver's side behind the wheel? How did your friend, if he was driving, get out of the driver's side and you somehow managed to get there and fall asleep? These are the same questions the prosecutor and a jury (if it goes that far) would be asking. They could argue there is enough evidence to infer that you were driving the vehicle, but usually they would like a stronger case than that. More information is needed in order to give you a proper answer. Have an experienced DUI attorney carefully review the police report and Data Master results. He may be able to spot problems that could get the charges reduced or dismissed.
    Answer Applies to: Michigan
    Replied: 6/3/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    You should immediately hire an experienced criminal defense attorney, especially one that does DUI cases. That attorney can begin an investigation now while witnesses still remember the events and are still relatively easy to find. You may have an excellent argument with regard to whether or not you were actually physically in control of the vehicle, among other arguments.
    Answer Applies to: Hawaii
    Replied: 6/3/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    In Washington State a person can be charged with "Physical Control" which is identical to a DUI charge and means that the person was in physical control of the vehicle even if not driving at the time of contact. You should absolutely speak to an attorney about your rights and possible defenses. I am not sure where this happened, but please feel free to call my office for a free consultation. If you are outside of my geographical area I would be happy to provide you general advice and a referral to another DUI attorney.
    Answer Applies to: Washington
    Replied: 6/3/2011
    The Grigsby Firm
    The Grigsby Firm | Sherlock Grigsby
    You should not be convicted without a valid breathalyzer and or a properly administered field sobriety test. Were you subject to either of these. You may have a proper defense if the car was legally parked and the keys were not in the ignition. This is serious enough though where you definitely want to consult with a lawyer in person.
    Answer Applies to: District of Columbia
    Replied: 6/3/2011
    Bruce H. Lehr, P.A.
    Bruce H. Lehr, P.A. | Bruce H. Lehr
    DUI includes actual physical control. That means having the apparent ability to drive. If you were sleeping in the driver's seat with keys in the ignition then they can arrest for DUI.
    Answer Applies to: Florida
    Replied: 6/3/2011
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