Strange as it may sound, you can be charged (and convicted) of DUI in Utah even if you are not driving a vehicle. An explanation is in order.
Utah’s DUI laws prohibit “operating” or being in “actual physical control” of a vehicle while under the influence of alcohol or drugs. The term “operating” is generally consistent with the idea of “driving” a vehicle. However, “actual physical control” is a broader and more ambiguous concept.
The “actual physical control” element of a DUI charge in Utah allows police to arrest a person even if the engine is not running or even if the police officer never sees the vehicle moving. This element allows police to reduce the risk of accident and injury in a DUI accident by stopping the driver before they even begin driving.
This preemptive approach to public safety carries an increased risk of wrongly convicting an innocent person. In order to minimize this risk, Utah Courts generally require prosecutors to present evidence that the person charged had the ability and the intent to drive the vehicle even under the “actual physical control” element. In considering this element, a jury can consider factors including whether the person had keys to the car, whether the engine was running, where the person was in relation to the driver seat, where the vehicle was found and how it got there, and whether the vehicle was even in operable condition.
Actual physical control DUI cases can be complicated. Having the advice and counsel of an experience attorney is important/