Can I be charged with DUI
in Utah if I am not driving?
Many people are surprised to learn that they may be convicted of drunk
driving in Utah even if they have not been driving. Utah's
drunk driving (
DUI)
statute prohibits "driving" a vehicle while impaired or under the
influence of alcohol or drugs, but also prohibits being in "
actual
physical control" of a vehicle when impaired. Under the legal
definition of
"actual physical control," a prosecutor does not have to prove that you
were driving the vehicle, or even that you were in the driver's seat.
If you have been charged with DUI or other crimes in Utah, having an
experienced criminal
attorney on your side can be critical to
developing the best defense strategy. Based in Salt Lake City,
criminal
defense
lawyer Stephen Howard offers DUI and criminal defense
services to
clients throughout Utah. Contact us today to arrange for an initial
confidential consultation.
Actual Physical Control in Utah DUI Cases

Utah
appellate courts have determined that the an important legislature
purpose in enacting DUI legislation is to prevent
intoxicated persons from causing harm. Utah's DUI statutes contain
provisions that prohibit both "driving" and being in "actual physical
control" of a vehcile while intoxicated. The courts have interpretted
this DUI legislation as allowing a police officer to apprehend
potential drunk drivers before they begin driving, or even before the
key is placed in the vehicle ignition Under one Utah Court of
Appeals decision, a
person need only "have an apparent ability to start and move a vehicle
in order to be in actual physical control."
State v. Barnhart,
850 P.2d 473 (Utah Ct. App. 1993). Utah's appellate courts have given a
list of potential factors to consider, including the following:
- whether the person was sitting in the driver's seat
- whether the person was sleeping or awake when observed
- whether there was anyone else in the vehicle who could have
been in control of the vehicle
- whether the engine of the vehicle was started or running
- whether the keys to the vehicle were present or in the
ignition
- whether it appeared that the person was able to start and
move the vehicle
- the location and position of the vehicle
- how the car got there
- who drove the vehicle to the place where it was found
In addition to the factors that have been recognized as relevant by the
appellate courts, a jury can also consider any other relevant
factors in determining whether a person was in actual physical control.
Whether the defendant is determined to have actually been driving the
vehicle or only in actual physical control, the
penalties for a DUI
conviction can be the same - including jail time and substantial fines.
Having the assistance of an experienced defense attorney is important.
Finding a Criminal Defense Attorney in Utah

If
you are being accused or prosecuted for DUI or other criminal charges
in Utah, an
experienced criminal defense attorney can make all the
difference. Based in Salt Lake City,
criminal lawyer Stephen Howard has
achieved not guilty verdicts and dismissals in a wide range of criminal
cases, including DUI as well as some of the most serious felony charges
on the books in Utah.
Contact Salt Lake City
criminal
defense attorney Stephen Howard to arrange for an initial
confidential consultation.

Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....
Reasons to Hope
»