Drivers can still get slapped with a DUI charge even if the car is off and they’re not driving – it all depends on where your keys are.
Laws regarding this vary from state to state in the US, but Florida defense lawyer Andrew Simko has said that you do not need to be driving to get in trouble for driving under the influence.
Defense lawyer Andrew Simko warned against sitting in the front seat to prevent DUIs (Stock Image)[/caption]
Cops can stop you for DUI if they deem you have physical control of your vehicle while under the influence (Stock Image)[/caption]
“In Florida, it’s called driving under the influence, but you don’t actually have to be driving to get a DUI,” Simko said in a video shared on TikTok.
“I’ve seen a case where a woman leaves the bar to go smoke a cigarette, she goes inside her front seat of her car, doesn’t close the door, her legs are outside of the car, she’s having a conversation with someone, and she was charged with DUI just because she was sitting in the front seat with the keys in the ignition,” he explained.
According to Simko, if a driver wants to “sleep it off” after a night out and leave their car in a parking lot overnight, “you need to make sure you’re not sitting in the front seat.”
He also noted that the car keys should be “nowhere near you,” ensuring the keys are “out” – out of the ignition and out of the vehicle.
“They should be outside the vehicle and you should be in the backseat of the car, because if your keys are on you and you’re in the front seat of the car, you can get a DUI,” he said.
Per Florida law 316.193, when a person is behind the wheel of a vehicle, they are considered in “actual physical control” of it, even if they’re not actively driving.
So, if you’re drunk and have a blood alcohol limit of 0.08 or more and are sitting behind the wheel, you can legally be charged with driving under the influence.
For example, in every US state besides Utah, a BAC of 0.08 is considered drunk driving – in Utah, it’s 0.05.
However, legal experts have said it comes down to intent, and if officers believe you could have driven while under the influence, you can receive charges.
Penalties for a DUI in Florida can be severe, especially for repeat offenders or those with high blood alcohol levels (BAC), according to Musca Law.
For a first-time offender, fines go from $500 to $1,000, but if your BAC is 0.15% or higher, or if there was a minor in the vehicle, the fine increases to between $1,000 and $2,000.
For subsequent offenses, the fines increase with jail time.
If your BAC was 0.15% or higher, you could face 6 months in jail for your first time.
If there were minors in the vehicle, the maximum jail time increases to 9 months.
Second convictions can get drivers up to 12 months in jail, while third and subsequent offenses can result in longer terms.
Driving laws taking effect August 1, 2025
Seven new traffic‑law measures taking effect on August 1, 2025:
- North Dakota drivers face a new speeding fine structure: the greater of a $20 minimum or $5 per mph over the limit, with extra penalties for exceeding by 16+ mph, alongside an increase in highway speed limits to 80 mph
- Florida now requires teenage drivers aged 15 and over to complete 50 hours of driver education, a four‑hour traffic-law and substance abuse course, vision/hearing tests, and parental consent before getting licensed
- In Louisiana, a new “clogged‑up” law penalizes drivers traveling even 1 mph under the speed limit in left lanes, with fines starting at $150, increasing to $250‑$350, and up to 30 days in jail for repeat violations
- North Carolina mandates ignition interlock devices for drivers convicted of DWI, so the vehicle won’t start if alcohol is detected by breath samples
- Louisiana also implements a hands‑free law banning handheld phone use while driving—fines reach $250 in school or construction zones
- Minnesota begins installing speed enforcement cameras in Minneapolis and Mendota Heights; repeat offenders face fines of $40 to $80, depending on speed over the limit
- In Newport, Oregon, police may now tow vehicles that have a single unpaid parking ticket older than 45 days or four unresolved citations
A third conviction within 10 years can result in bigger charges, such as a third-degree felony.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) may enforce administrative penalties even if the person wasn’t actively driving.
If law enforcement deems that there was physical control of the vehicle of the car you can be charged, and your license can be revoked on the spot.
Earlier this summer, Kansas drivers were warned by police that they could face fines up to $2,500 – or jail time – under a zero-tolerance crackdown on driving under the influence.
Greensburg Police Department said in August that they’d be using checkpoints and saturation patrols to catch offenders, with hefty fines, license suspension, and jail time for even first-time offenders.
In Kansas, driving under the influence includes operating a vehicle under the influence of alcohol, drugs, or a combo of both.
The rule applies whether the substance is illegal, prescribed, or over the counter.
All that matters is whether it impacts your ability to drive safely.
The crackdown is intended to reduce serious accidents and keep roads safer.
