Can I be stopped and arrested for DUI in Florida even if the vehicle was not moving?
The question or not of whether the vehicle is moving is not the determine of question. It’s whether you have actual physical control of the vehicle. The short answer is yes, you can be arrested for a DUI even though the vehicle’s not moving. This actually does happen when people are past out in the driver’s seat of a vehicle where the keys are in the ignition. If those keys are in the ignition, the law says you still do have actual physical control, and therefore you could be subject to an arrest.