Defining Actual Physical Control In DUI Cases

In this article, you will discover…

• The classification of “actual physical control” in a DUI case.
• Insights into the laws relating to DUI charges in the San Francisco Bay area.
• Guidance on navigating DUI-related charges.

How Do You Define “Actual Physical Control” In A DUI Case?

The term “actual physical control” is crucial to understanding DUI charges in California. In some other states, simply being in the car with the engine turned on could indicate being in actual physical control of the vehicle. However, in California, the state code indicates that the prosecution must prove that you intentionally caused the vehicle to move, essentially demonstrating that you were exercising physical control over it.

Therefore, in the context of DUI charges in the San Francisco Bay area, it is not enough for you to just be sitting in the driver’s seat. The prosecution team must prove that you were intentionally trying to move the vehicle. This distinction is pivotal, particularly in cases where individuals may be found sleeping or unconscious in a parked car.

You could be charged with a DUI in California if there is circumstantial evidence that places you behind the wheel when the vehicle is moving. However, if there is no evidence or witnesses that claim you had been driving while intoxicated, you may be able to avoid a DUI charge. These situations typically only come up when there has either been an accident involving someone suspected of driving under the influence or if someone reports suspicions of someone driving under the influence.

DUI Defense Attorney Aaron Bortel is an experienced lawyer in California who has helped countless clients like you navigate the intricacies of DUI charges. With over 30 years of experience in the San Francisco Bay Area, he is experienced with the complexities of actual physical control variables relating to DUI cases and can help you to get the best possible outcome for your case!

Still have questions? Ready to get started? Contact the Law Offices of Aaron Bortel today to schedule an initial consultation.

Could I Be Considered In “Actual Physical Control” Of A Vehicle If I Am Asleep Or Unconscious In A Parked Car?

According to California law, you would not be considered in actual physical control of the vehicle if you are unconscious or asleep in a parked car because the state code states that there must be proof of intentionally causing the vehicle to move. However, if you were moving the vehicle before you became unconscious or fell asleep, then circumstantial evidence could indicate that you were impaired while driving, which can lead to an arrest and potentially a DUI charge.

When it comes to avoiding a DUI charge, proactive planning is key. We strongly advise finding an alternative way to get home, such as a taxi, Uber, or a ride with a sober friend. If these options are not available, leaving your keys in the bar and sleeping in your car can be a safer alternative to driving while intoxicated. This not only provides a safe space to sleep it off but also communicates your intent to not drive, potentially avoiding accusations.

Remember, even being near your car while intoxicated can lead to a DUI arrest. With our team’s 30 years of experience in DUI defense, we’ve heard countless stories. It’s crucial to plan ahead and avoid putting yourself in a compromising position.

Does Sitting In The Driver’s Seat With The Vehicle Off Warrant A DUI Charge?

Sitting in your car, especially with the keys, can often put you in a compromising position. If someone were to report you for driving under the influence and you were seen in the driver’s seat, you could face a DUI charge. It’s best to plan and avoid being near your car, especially with the keys.

If the police come to your house, you are not obligated to answer the door unless there is a potential emergency. It’s important to remember that any interaction with law enforcement officers can potentially lead to self-incrimination. Therefore, we advise planning ahead and avoiding situations where it could seem like you were driving, even when you weren’t.

For more information on Actual Physical Control In A DUI Case, a free initial consultation with our team is your next step! Get the information and legal answers you seek by calling (415) 523-7878 today.