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 other words, just being behind the wheel or in the vehicle that is able to run is grounds for you can be arrested and possibly convicted of DUI in Florida.
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Houson R. Lafrance