This may surprise you but the answer is no. You can be convicted of DUI in Florida even if you’re not actually driving the car or the key is not in the engine.
The Court and the prosecutor consider whether or not you have the capability to control, direct or use the vehicle.
In otherwise, just being behind the wheel or in the vehicle that is able to run you can be arrested and possibly convicted of DUI in Florida.
If you or a loved one has been arrested for DUI give me a call. I would be happy to help you if I can. 954-982-2124.
Houson R. Lafrance