Utah’s DUI laws cast a wide net to address public safety concerns. Surprisingly, you don’t need to be driving or even have the keys in the ignition to face a Utah DUI charge. The law focuses on “actual physical control” of a vehicle while intoxicated.
In May 2021, Utah legislators clarified the definition of “actual physical control” under Utah Code 41-6a-501(a). This update provides more precise guidelines for these cases.
The law now excludes certain situations from “actual physical control”:
Before this amendment, DUI charges in Utah could apply even if you were asleep or in the passenger seat. This change offers clearer defense options for those facing charges.
Judges and juries determine “actual physical control” based on the “totality of circumstances.” This means they consider all factors, not just one decisive element. Even if you’re asleep in the car, you could still face a Utah DUI conviction if the jury believes you drove there while intoxicated.
To illustrate the complexity of these laws regarding DUI, consider these scenarios:
Scenario 1: Camping and Drinking
Imagine you’re camping in Provo Canyon, enjoying drinks by the fire. You’ve left your keys in the ignition to avoid losing them. A deputy arrives as you’re grabbing more beer from your truck. Despite your intention to camp, you might face a Utah DUI charge. The jury will evaluate all circumstances to determine your guilt.
Scenario 2: One-Car Rollover
You’re involved in a rollover in Spanish Fork Canyon. A deputy finds you walking down the road, visibly intoxicated. Even though you’re not behind the wheel, you could still face a charge if the officer believes you were driving while impaired.
In cases involving “actual physical control,” a skilled attorney can make a significant difference. They can effectively present defense issues to the jury, often turning the tide between conviction and acquittal.
“Actual physical control” or “Sitting DUI” cases in Utah provide a solid basis for defense, especially when facts are disputed. Therefore, choosing a Utah DUI lawyer with extensive jury trial experience can substantially improve your chances of a favorable outcome.
With 20 years of experience in jury trials, Attorney Jake Gunter stands ready to defend your Utah DUI case. His expertise in navigating the complexities of Utah laws can be crucial to your defense. Don’t face a charge alone. ContactJake Gunter at (801) 373-6345 today to discuss your case and explore your legal options. Remember, in Utah DUI cases, the right attorney can make all the difference.
