Monday, March 17, 2014

What is the definition of "actual physical control" of a vehicle as it relates to a DUI?

Question

What is the definition of "actual physical control" of a vehicle as it relates to a DUI?



Answer

This is the definition in the jury instructions:

"Actual physical control of a vehicle" means the defendant must be physically in or on the

vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually

operating the vehicle at the time.

Of course there are nuances to this definition that only an attorney may be able to interpret for your own DUI. In other words, contact an attorney to be sure.



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