"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.

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....
Experience
»

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....
Consequences
»

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
»