"Actual
Physical Control" - West Jordan Utah DUI Attorney
According to Utah DUI law, a person can be charged with
drunk
driving
even if he or she is not actually driving a vehicle. Even a
person doesn't ever drive a vehicle, charges can be filed if the person
is in "actual physical control" of a vehicle while
intoxicated. The term "actual physical control" has
been
interpreted
broadly by the Utah Court of Appeals in the case of
State v. Barnhart,
850 P.2d 473 (Utah Ct. App. 1993).
The Utah
Court of Appeals stated that the legislature "intended to prevent
intoxicated persons from causing harm by apprehending them before they
operate a vehicle" The court also stated
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."
There are several factors listed by Utah courts that can be
considered in
determining whether a person is in "actual physical control" of a
vehicle for purposes of a Utah DUI charge. For example, a key factor
can be whether the
person is asleep or awake
when found by police. Other factors include
(but
are not limited to) the position of the automobile, whether the
vehicle's engine was
running, whether the
person was found in the driver's seat, whether there was anyone else in
the vehicle, whether the
person had the ignition key, how the car got where it was found (and
whether the
person drove it there), and the person's apparent ability to start and
move the vehicle,.
Utah criminal
defense attorney Stephen Howard has extensive
experience defending DUI's and other crimes in Utah. His
track record speaks for
itself. With offices based in
Salt
Lake City, he is pleased to serve clients throughout Utah.
If you are facing DUI charges in West Jordan or anywhere in Utah,
contact criminal
defense lawyer Stephen Howard to schedule an initial consultation today.

Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....
Strategy
»

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....
Experience
»

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....
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
»