What Does Actual Physical Control Mean in a Phoenix DUI?

In the context of Arizona DUI law, the concept of “actual physical control” (APC) is a factor that determines whether an individual can be charged with a DUI, even if they are not actively driving the vehicle at the time.

The idea of “actual physical control” was explored in a key case, State of Arizona v. Victor Scott Love. Here, the Arizona Supreme Court took a close look at what this concept really means and how it affects DUI enforcement.

The Case of State v. Love

In this 1995 decision, the court faced the issue of whether Victor Scott Love, found asleep in his car with the engine running, was in actual physical control of the vehicle. The vehicle was parked in the emergency lane of a highway, and Love’s initial reaction upon waking was to reach for the gearshift, suggesting an intent to drive.

The court’s analysis highlighted that APC is not limited to moments when an individual is driving or actively attempting to drive.

 Instead, APC extends to situations where an individual has the capability to operate the vehicle, thereby posing a potential danger to themselves or others.

Legal Interpretations and Factors

The Supreme Court of Arizona clarified that determining APC should not follow a rigid, mechanistic analysis. Instead, it should involve a holistic view of the circumstances, allowing the trier of fact to consider various factors such as:

• Vehicle’s location and condition: Whether the vehicle was stopped in a safe location or potentially hazardous place, whether the engine was running, and if the vehicle was legally parked.
• Driver’s physical position and actions: Where and how the driver was positioned in the vehicle and any actions they took upon being approached or awakened.
• Potential for immediate driving: The ease with which the driver could have started driving, such as the location of the keys and the operational status of the vehicle.

This flexible approach ensures that each case is judged on its specifics rather than a predetermined set of criteria, acknowledging that someone could still pose a risk without driving at the moment of police intervention.

Supreme Court’s Ruling on APC

The ruling in State v. Love ultimately vacated the lower court’s decision, emphasizing that the concept of APC must be interpreted in a way that considers the full context of the situation.

The court argued against a strict interpretation that would automatically consider a person in APC based solely on the presence of certain conditions like the vehicle’s engine running or its location on a public roadway.

The court’s decision promotes a balanced approach that considers potential danger while also allowing for circumstances where an individual may have taken steps to avoid driving while impaired, such as pulling over to sleep off the effects of alcohol.

Determining actual physical control is subjective and involves various factors. Courts generally consider the totality of the circumstances to decide whether a person exercised control over the vehicle. Some of the factors include:

1. Location of the Vehicle and Person: Is the vehicle on the road, parked, or in an area not typically used for driving?
2. Position of the Driver in the Vehicle: Is the person sitting in the driver’s seat, passenger seat, or back seat? Is the person asleep or awake?
3. Location of the Keys: Are the keys in the ignition, within easy reach, or elsewhere?
4. Vehicle Operational Status: Was the vehicle’s engine running, or was it off? Were the vehicle’s headlights on?
5. Driver’s Intent: Was there evidence that the person planned to drive, or were they using the vehicle as temporary shelter?

Each of these factors contributes to whether a person is deemed to have actual physical control of a vehicle under the law.

A DUI charge in Arizona carries significant consequences. The severity of the penalties often depends on the circumstances of the case, including previous DUI convictions, the presence of minors in the vehicle, and the driver’s blood alcohol content (BAC) level. Penalties can include:

• License Suspension: Losing the right to drive for a certain period.
• Fines and Fees: Substantial financial penalties.
• Jail Time: Sentences can vary based on the severity of the offense.
• Ignition Interlock Device: Requirement to install a device that checks the driver’s breath for alcohol.
• Insurance Increases: Higher auto insurance rates due to the risk assessment of a DUI offender.

Beyond legal consequences, a DUI charge can also impact your employment, reputation, and personal relationships.

Disproving physical control of a vehicle in a DUI case involves challenging the assertion that you were in a position to operate the vehicle while intoxicated. This is a key area discussed in a court of law, where the “totality of the circumstances” is examined to determine if the defendant was indeed in “actual physical control” of the vehicle at the time of the incident.

Here are common scenarios that may lead to a DUI charge and how they can be legally contested:

Scenario 1: Parked Vehicle with the Driver Asleep

One common situation is finding a person asleep in a parked car. If the car’s ignition was off and the keys were not in the ignition, this can suggest that the person had no immediate intention to drive. Defense in such cases can argue that the person used the car as temporary shelter after deciding they were too impaired to drive. This decision aligns with responsible behavior—choosing not to drive while intoxicated.

Scenario 2: Vehicle Pulled Over with Engine Running

If a person is found with their vehicle pulled over to the side of the road and the engine still running, it might initially seem like a straightforward case of DUI. However, if it can be shown that the person pulled over voluntarily because they realized they were too impaired to continue driving safely, this can be used as a defense. Here, the intent not to drive further can demonstrate a lack of control over the vehicle with the purpose of preventing potential harm.

Scenario 3: Vehicle in Motion Stopped by Police

Being stopped by police while driving doesn’t automatically translate to guilt of DUI. Defense might focus on disproving intoxication or that the defendant was not driving erratically as reported. Sometimes, external factors like medical conditions or mechanical issues can explain behavior mistaken for intoxication.

Legal Strategies to Disprove Physical Control

1. Location of the Keys: Arguing that the keys were nowhere near the ignition or in a location that would make starting the car inconvenient can help prove the lack of intent to drive.

2. Driver’s Position: If the driver was found in the back seat or passenger seat, it could indicate they did not have control over the vehicle.

3. Vehicle’s Condition: Demonstrating that the vehicle was inoperable or that conditions (like a dead battery or lack of fuel) prevented the vehicle from being driven at the time.

Role of Expert Witnesses and Forensic Evidence

Expert witnesses may testify about the vehicle’s mechanical condition and forensic evidence might be used to demonstrate the timing and nature of the driver’s actions relative to their alleged intoxication.

The burden of proving that someone was in actual physical control of a vehicle while intoxicated rests with the prosecution.

A DUI attorney can challenge the prosecution’s evidence by analyzing the circumstances surrounding the arrest and questioning the clarity of the evidence presented. 

⑴ What does it mean to “drive or be in actual physical control of a motor vehicle” under Arizona law?

In Arizona, you can be charged with a DUI if you are driving or if you have actual physical control of a vehicle while under the influence of alcohol or drugs. This means that even if you are not driving but are in a position to start the vehicle, you could still face DUI charges.

⑵ What factors must be considered to determine if someone is guilty of a DUI offense in Arizona?

Arizona law stipulates that factors like the person’s ability to operate the vehicle, their location inside the vehicle, and whether the vehicle’s engine was on are crucial. These are assessed under the “totality of the circumstances” to determine guilt in a DUI case.

⑶ Can you be found guilty of a DUI if you were just sitting in your car?

Yes, you can be found guilty if it is determined that you were in actual physical control of the vehicle. This might mean being in the driver’s seat with the keys in the ignition, even if the car wasn’t moving.

⑷ How do DUI charges and penalties vary in Arizona?

DUI penalties in Arizona vary based on several factors, including the driver’s blood alcohol concentration at the time of the arrest, whether it’s a repeat offense, and whether the incident resulted in an accident or injury. Penalties can range from fines and license suspension to jail time, especially in felony DUI cases.

⑸ What should I do if I am charged with a DUI in Arizona?

If you’re charged with a DUI, it’s crucial to contact a Phoenix DUI defense attorney immediately. A qualified lawyer from a law firm like Guardian Law can offer you a free consultation to discuss your case and help prepare for court. They’ll review the latest case law and help build a defense based on the specifics of your situation.

⑹ What happens if my DUI case ever goes to court?

If your DUI case goes to court, the “finder of fact” (either a judge or jury) must agree on a guilty verdict based on the evidence presented. Preparation for court will include discussing your case’s particulars, examining the incident or accident, and presenting any mitigating factors that might influence the judgment.

⑺ How can I schedule a free consultation with a DUI attorney?

To schedule your free consultation with a DUI attorney, you can contact Guardian Law at(480) 316-4618. Discussing your case with an experienced DUI attorney can provide insights into your legal options and help ensure the best possible outcome for your situation.

Facing a DUI charge in Arizona can feel overwhelming, especially when it comes to understanding the specifics of actual physical control. But you don’t have to face it alone. Christian Lueders of Guardian Law offers a wealth of experience and a strong strategy for defense.

Having served as a former felony prosecutor, Christian has a keen insight into DUI law and knows how to effectively work within the legal system to support his clients.

Don’t hesitate to reach out—call Christian Lueders at Guardian Law at (480) 316-4618 today to discuss your case and explore your options.