Many drivers cannot envision a DUI arrest. Imagine that you have been at a friend's housewarming party. While there, you snacked on various cheeses and enjoyed several glasses of red wine in the company of friends, staying late into the night. At around midnight, however, the party begins to die out as most people depart to leave for their respective homes. You stay behind for about ten minutes to help the host pick up after the guests before saying good night yourself. After pulling out of the driveway in your own car, you drive slowly down the deserted residential street, becoming increasingly aware of the wooziness you feel from the wine. Up ahead is a 24-hour drug store, so you decide to pull into the parking lot and relax for a few minutes, until you feel that you are in a safer driving condition. You pull into a spot, remove the keys from the ignition, and place them into your pocket. Then, you lean back, and maybe even doze off for a few moments, only to be abruptly jolted by a very suspicious police officer. His demeanor is immediately alarming to you, because he is acting as though you have done something wrong. Have you?
According to the criminal laws of the state of Florida, you probably have. If you are impaired by alcohol or another substance while "driving or in actual physical control of a vehicle within this state," you are guilty of driving under the influence (Florida Statute 316.193). This reading of the law is surprising to most people. After all, in the scenario above, the motorist is trying to be safe and is not actually operating the vehicle when the police officer appears. However, the term "actual physical control" has been construed to apply to people who are not literally driving a car, even when the keys are not in the ignition. In fact, even if you had relaxed for a few moments in your car in the friend's driveway - on private property and without ever turning on the car - you could still be arrested and convicted for DUI.
