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.

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