Actual Physical Control

Unlike other criminal traffic offenses like reckless driving, unlawful flight from law enforcement and criminal speeding, proof of actual driving is not required for a DUI. Arizona law prohibits driving or being in actual physical control of a motor vehicle while impaired. Actual Physical Control is somewhat of a vague concept that is not defined under Arizona or Scottsdale DUI law, but several published opinions from the Arizona Court of Appeals have provided some guidance on its meaning.

Scottsdale Actual Physical Control DUI cases usually involve a driver who is contacted by the police while they are sleeping or resting inside a stationary car. Even if the car is in “park” and the motor is not running, a driver can be deemed in Actual Physical Control of the vehicle. Although there are no bright line rules regarding what constitutes Actual Physical Control, these and other factors are typically considered. Under current law, the intent of the driver (i.e., were they attempting to put the car into motion) is also a factor that must be considered. DUI cases involving issues related to Actual Physical Control are especially difficult and you should have a laywer like Joshua S. Davidson who understands the intricacies of this complex legal area.

Skilled Defense for You

If a driver is beginning to feel the effects of alcohol as they are driving and want to pull off the road to “sleep it off” of call for a ride, they are not acting within their rights, but also doing the responsible thing. Just make sure that you pull as far away from the roadway as possible, remove the keys from the ignition and don’t sit in the drivers seat. If a police officer happens upon you under these circumstances, your Scottsdale DUI Lawyer will be better able to disprove that you were in Actual Physical Control.