Davis County DUI Attorney - Actual Physical Control
A person does not have to be actually driving a vehicle to be charged with DUI under Utah law. According to Utah's drunk driving statutes, a person can be convicted of DUI if they are either "driving" or in "actual physical control" of a vehicle while intoxicated. Whether driving a vehicle or just in "actual physical control," the penalties for a DUI in Utah can be equally harsh. Having an experienced criminal defense attorney on your side can be critical. Contact us today to arrange for an initial confidential consultation.Elements of Actual Physical Control
The concept of "actual physical control" is not clearly defined by statute. But appellate courts will often look to the apparent intent of the legislature when interpreting statutes that are less than perfectly clear.The Utah Court of Appeals held that the legislature "intended to prevent intoxicated persons from causing harm by apprehending them before they operate a vehicle." State v. Barnhart, 850 P.2d 473 (Utah Ct. App. 1993]. The court continued, stating that "a person need not actually move a vehicle, but only needs to have the apparent ability to start and move a vehicle in order to be in actual physical control."
When determining if a person is in "actual physical control" of a vehicle for purposes of a Utah DUI charge, the Court of Appeals has listed several factors that can be considered. For example, a jury may consider whether or not the person had the apparent ability to start and move the vehicle, how the car got where it was found, and whether the person drove it there. Other factors include (but are not limited to) whether the person was asleep or awake when found by police, the position of the automobile, whether the person was found in the driver's seat, whether the vehicle's engine was running, whether there was anyone else in the vehicle, whether the person had the ignition key,.
Finding a Criminal Defense Lawyer in Davis County
Davis County prosecutors and judges take drunk driving charges seriously. If you are facing prosecution for DUI or other criminal charges in Davis County, Utah, contact us today to schedule an initial consultation.Utah criminal defense lawyer Stephen Howard offers legal services to clients throughout Davis County and all of Utah. His track record includes not guilty verdicts or dismissals on charges including DUI, aggravated robbery, forgery, burglary, fraud, drug charges and more.
- What You
Need to Know - Choosing an Attorney
- Avoiding Common Mistakes
- First-Time
Offenders
- Repeat
Offenders
- Out-of-State
Clients
- What to Expect in Court
- Potential Penalties
- Reasons for Hope
- Attorney Practice Areas
- Felonies / Misdemeanors
- District / Justice Courts
- Jury Trials / Bench Trials
- Pleas in Abeyance
- Expungements
- 402 Reductions
- Bench / Arrest Warrants
- Constitutional Violations
- Probation
- Appeals
- Juvenile Courts
- Selected Crimes
- Drug Crimes / Addiction
- DUI / Alcohol Crimes
- Property Crimes
- Financial / White Collar
- Violent Crimes
- Domestic Violence
- Aggravated
Crimes
- Selected Victories
Not Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
Dismissed -
Client facing first-degree felony drug distribution
charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work
resulted in negotiated offer of misdemeanor plea-in-abeyance and
ultimate dismissal of case.
2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
- Recent Posts
What
should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
Can
I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....
Strategy »
Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....
Experience »
A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
Consequences »
An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....
Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
The materials in this website are
intended for informational
purposes only, and are not legal
advice. Viewing or responding to
materials in this site does not create
an attorney-client
relationship. Read
Full Disclaimer.