Scottsdale DUI Attorney
Video Vault Visit our Blog
Scottsdale DUI Lawyer Firm Profile Common Questions Contact Our Firm
Scottsdale Drunk Driving Defense
DUI
DUI Defenses
DUI Penalties
What Is DUI?
Why Hire a DUI Attorney?
Actual Physical Control
Aggravated DUI
Blood Testing
Breath Testing
Drivers License Suspensions
DUI And Drugs
Extreme DUI In Scottsdale
Field Sobriety Tests
I've Been Arrested For DUI, Now What?
Ignition Interlock Devices
Know Your Rights
Leaving The Scene
MVD Hearings
Plea Bargaining In DUI Cases
Repeat DUI Offenses
Scottsdale DUI
"Super" Extreme DUI
Underage DUI
Vehicle Impoundment

8110 East Cactus rd. Scottsdale, AZ 85260

Actual Physical Control

Unlike other criminal traffic offenses like reckless driving, unlawful flight from law enforcement and criminal speeding, proof of actual driving is not required for a DUI. Arizona law prohibits driving or being in actual physical control of a motor vehicle while impaired. Actual Physical Control is somewhat of a vague concept that is not defined under Arizona or Scottsdale DUI law, but several published opinions from the Arizona Court of Appeals have provided some guidance on its meaning.

Scottsdale Actual Physical Control DUI cases usually involve a driver who is contacted by the police while they are sleeping or resting inside a stationary car. Even if the car is in “park” and the motor is not running, a driver can be deemed in Actual Physical Control of the vehicle. Although there are no bright line rules regarding what constitutes Actual Physical Control, these and other factors are typically considered. Under current law, the intent of the driver (i.e., were they attempting to put the car into motion) is also a factor that must be considered. DUI cases involving issues related to Actual Physical Control are especially difficult and you should have a laywer like Joshua S. Davidson who understands the intricacies of this complex legal area.

Skilled Defense for You

If a driver is beginning to feel the effects of alcohol as they are driving and want to pull off the road to “sleep it off” of call for a ride, they are not acting within their rights, but also doing the responsible thing. Just make sure that you pull as far away from the roadway as possible, remove the keys from the ignition and don’t sit in the drivers seat. If a police officer happens upon you under these circumstances, your Scottsdale DUI Lawyer will be better able to disprove that you were in Actual Physical Control.

Attorney Web Design

The information on this Scottsdale DUI Attorney / Lawyer website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Address: 8110 East Cactus Road Suite 100 Scottsdale, Arizona 85260 Toll Free: (480) 535-6690