The DUI Stop & Field Sobriety

What does "actual physical control" of a vehicle mean in Florida?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Physical presence in or about the vehicle with the present capability to operate it — even if it never moved.

The standard jury instruction frames it around two things: physical presence in or about the vehicle, and the present capability to operate it.

In practice the fight is over capability. The State points to the driver's seat, an accessible key, and an operable vehicle. The defense examines whether the vehicle would actually run, where the key really was, whether the person could have driven it, and what they were doing there.

Some fact patterns recur on the Treasure Coast: someone who pulled into a lot to sleep it off, someone waiting in a running car for the air conditioning on a July night, someone whose vehicle broke down, and someone in a passenger seat who gets described in the report as behind the wheel.

Because this is a jury question rather than a bright line, how the story is told matters as much as what the facts are.

This is a definition juries struggle with, which is why it's worth contesting. ---

Talk to an Attorney — Free

An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.

This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.