Crafts Law Inc. May 20, 2021

Proving intoxication is not enough to convict someone of driving under the influence—in order to receive a DUI, a person must also have been in actual physical control of the vehicle in question. So long as a defendant has not met this requirement, the prosecution will be unable to sentence them for the crime. Accused of DUI? Depending on your circumstances, our legal team at Boise Advocate may be able to use actual physical control to your advantage as we fight your charges. Our Boise DUI defense lawyers focus a large part of their services on drinking and driving cases, and can represent you in a wide range of circumstances. With experience in more than 3,000 cases, our firm is equipped to take on your case.

Proving Actual Physical Control

Actual physical control of a vehicle is a term used to describe a person's presence in a vehicle, in addition to their ability to operate it. On account of this definition, a car does not have to be turned on for the driver to receive a charge of DUI; instead, the evidence presented must demonstrate that a person was simply capable of turning it on in short notice.

The following may be used to constitute actual physical control:

  • Possession of, or close proximity to, a key

  • Location in the car (e.g., the driver's seat)

  • The operational state of the vehicle

If most or all of these conditions are met, a person may be eligible to receive a charge of DUI. This can even apply when the defendant has been sleeping in the car without driving.

Boise DUI Defense Attorney

If you have been charged with DUI, don't wait to contact an experienced attorney to handle your case. Our team at Boise Advocate can combat your charges on a number of grounds, including actual physical control, to help you seek reduced charges or vindication.

Want to work with Boise DUI defense lawyers who will treat you as their top priority? Call our firm today for the committed representation you deserve!