Most people understand the fundamentals of a typical DUI charge, but many have never heard about actual physical control charges. At first glance, the term would seem as though it implies that someone is actually operating the vehicle, but actual physical control is a version of a DUI charge that can be used when you are not actually driving the vehicle. Here's a look at what you need to know about actual physical control charges and the possible defenses.
What Exactly Is Actual Physical Control?
An actual physical control charge does not require that you be physically operating the car. In fact, you can be charged with actual physical control even if the keys aren't in the ignition of the car.
Because driving under the influence is such a serious safety hazard, actual physical control was developed as an alternative charge in cases where someone had the potential for driving under the influence. Meant as a deterrent, it means that you could actually be charged with actual physical control even if you are sleeping in the back seat of your car because you felt you were too intoxicated to drive safely.
What Conditions Qualify For Actual Physical Control?
Actual physical control is a fairly broad charge, and it is so by design. To charge someone with actual physical control, a police officer needs only show that the person had the ability to operate the vehicle at any given time.
Provided that you either had the keys on your person or the keys were in the vehicle, you had access to the vehicle by being in it, and you were deemed to be intoxicated, you could find yourself facing an actual physical control charge. So long as the officer can prove that you had the ability and the likelihood to drive the vehicle while you were impaired, the charge may be considered valid.
How Can You Defend Yourself Against Actual Physical Control Charges?
With such a broad definition of the charges, it can be confusing to determine how you might defend yourself against a charge of actual physical control. After all, if the charges only require that you be intoxicated, have access to the keys, and have access to the vehicle, you're likely to be considered guilty either way, right?
This isn't actually the case. There are some ways that you can defend yourself against charges like these. The key is to work with a DUI lawyer who knows how to present a defense against actual physical control because it does require a more detailed approach to the defense.
In order to defend yourself against this type of charge, you have to be able to cast doubt on the reasonable assumption that you intended to operate the vehicle. For example, if you were simply sitting in your car to be safe while you were waiting for a ride due to your intoxication, you can use this as a defense. However, for this to hold up as a sound defense, you'll have to prove that you called for a ride. Your cell phone records and the testimony of the person who was coming to get you will both be essential.
You may also be able to defend yourself against a charge like this by simply shedding light on a preponderance of the evidence that shows that you had no intention of operating the vehicle. For example, if you had the keys, but they were in your pocket, and you were asleep in the back seat, you can reasonably argue that you recognized that you were too drunk to drive and therefore were trying to sleep it off when you were awakened by the police officer.
If, instead of in your pocket, the keys were in the ignition and the engine was running, you'd have to be able to prove that you only had the engine running for the benefit of the climate control. Showing evidence of the temperatures at the time of your arrest as well as confirming that you were, in fact, asleep at the time that the officer approached you may be sufficient to have the charges dismissed.
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