The person sitting in the driver’s seat is considered in actual physical control of the vehicle. This is the person who has the capability to control the vehicle at the time a DUI suspicion is determined. It’s important to understand that the vehicle does not have to be moving for a DUI arrest. A person suspected of being impaired, sitting in the driver’s seat with keys in the ignition may be charged with a DUI. Also, given Florida’s broadly written DUI laws, a vehicle may be considered a bicycle or even a motorized wheelchair.