Salt Lake City DUI Defense Attorney - "Actual
Physical Control"
Under Utah DUI laws, a person can be charged with
DUI
without actually driving a vehicle. Like most DUI statutes,
Utah's DUI statute provides that a person can be convicted for
"driving" while under the influence. But under Utah law, a person
can be convicted of DUI even if he or she is only in "actual physical
control" of a vehicle while under the influence of alcohol or drugs.
The Utah Court of Appeals gave the term "actual physical control" a broad interpretation in the case of
State
v. Barnhart,
850 P.2d 473 (Utah Ct. App. 1993). According to the opinion of
the Utah
Court of Appeals, the legislature "intended to prevent
intoxicated persons from causing harm by apprehending them before they
operate a vehicle." To be in "actual physical control of a
vehicle," the court held that a person "only needs to
have the apparent ability to start and move a vehicle
in order to be in actual physical control." According to the Utah
Court of Appeals, the a person does not have to actually move the
vehicle to be in "actual physical control."
To determine whether a person is in "actual physical control" of a
vehicle, a jury may consider factors including whether the person was
awake or asleep when found by police, which seat of the vehicle the
person is sitting in, whether the vehicle's engine was running, whether
the person had the keys to the ignition, whether there was anyone else
in the vehicle, the vehicle's position, how the vehicle got to that
place, and other factors the jury may deem relevant.
Whether
you are actually "driving" a vehicle under the influence, or are only
in "actual physical control," the penalties for a conviction can be
equally harsh. DUI convictions in Utah carry mandatory sentencing
provisions, even on a
misdemeanor
level. If you have two prior DUI convictions (or convictions
for related charges) within a 10-year period, your third DUI can be
charged as a
felony.
If you are facing
DUI charges in Salt Lake City or elsewhere in Utah, you need an experienced
Utah criminal defense attorney
on your side. Based in Salt Lake City, criminal defense lawyer
Stephen Howard offers legal services to clients throughout Utah.
He has successfully defended charges ranging from homicide to DUI
and virtually everything in between. His track record speaks for
itself.
Contact us now to schedule
an initial consultation and case analysis with
Salt
Lake criminal lawyer Stephen Howard.

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....
Consequences
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