Can You Get a DUI While Sleeping in Your Car in Utah? Understanding “Sitting DUI” and Actual Physical Control Laws

Have you been arrested for a DUI in Utah while parked or sleeping in your vehicle? You might be facing a “Sitting DUI” charge, even if you never drove. Utah’s Actual Physical Control laws allow prosecutors to charge individuals with a DUI without evidence of driving. This article explains Utah’s DUI laws, the concept of Actual Physical Control, and how to defend against these charges.

What Is “Actual Physical Control” in a Utah DUI Case?

Under Utah Code § 41-6a-501(1)(a), a person can be convicted of a DUI if they were in actual physical control of a vehicle while intoxicated, even if the vehicle was stationary. This legal standard is broader than driving and often surprises defendants, especially those found asleep in their car.

How Utah Defines Actual Physical Control

Utah courts use a “totality of the circumstances” test to determine actual physical control. Key factors include:

• Was the person asleep or awake when discovered?
• Was the engine running or off?
• Was the person in the driver’s seat?
• Was the vehicle lawfully parked (e.g., in a parking lot or at home)?
• Did the person have access to the vehicle’s keys?
• Was the person the sole occupant of the vehicle?
• Could the vehicle be operated (e.g., was it functional)?
• How did the vehicle arrive at its current location?
• Was there evidence of intoxication while driving to the location?

No single factor determines guilt. Courts and juries evaluate all circumstances to decide if the person could have driven the vehicle.

Jury Instructions for Actual Physical Control in Utah DUI Trials

In Utah DUI cases involving actual physical control, juries receive specific instructions to assess the totality of the circumstances. However, there’s a critical legal exception that can lead to acquittal:

Exception: When You Are Not in Actual Physical Control

A jury must acquit you of a DUI charge if all five of the following conditions are met:

1. You were asleep inside the vehicle.
2. You were not in the driver’s seat.
3. The engine was not running.
4. The vehicle was lawfully parked.
5. There is no evidence you drove to the location while intoxicated.

If these conditions apply, your attorney can argue that you were not in actual physical control, potentially dismissing the DUI charge.

Juror Unanimity in Sitting DUI Cases

In Utah, jurors must unanimously agree on each element of actual physical control beyond a reasonable doubt. For example, if you were found intoxicated and asleep in the backseat of a running car in a parking lot, jurors must agree on how you came into control of the vehicle. Disagreement among jurors can weaken the prosecution’s case.

Common Defenses to a Utah Sitting DUI Charge

Defending a Sitting DUI requires challenging the prosecution’s evidence of actual physical control. Common defenses include:

• Inoperable Vehicle: If the vehicle was damaged, out of gas, or otherwise inoperable, it undermines the claim of control.
• Legal Parking: If the vehicle was safely and legally parked (e.g., in your driveway or a designated parking lot), this supports your defense.
• No Intent to Drive: Demonstrating that you had no intention to drive—such as placing the keys out of reach or choosing to sleep in the vehicle—can negate actual physical control.

An experienced DUI defense attorney can use these defenses to challenge the prosecution’s case and protect your rights.

Why You Need a Utah DUI Defense Attorney for Sitting DUI Charges

Sitting DUI cases are legally complex. Prosecutors often argue that you posed a risk of driving, even if you were parked or asleep. A skilled attorney can challenge each element of actual physical control, analyze jury instructions, and identify weaknesses in the prosecution’s evidence.

At Provo Criminal Defense, our team has successfully defended clients against Sitting DUI charges across Utah, including cases involving sleeping in a parked car. We understand Utah’s DUI laws and how to build a strong defense.

Charged with a Sitting DUI in Utah? Contact Us Today

If you’ve been charged with a DUI while parked or sleeping in your vehicle in Utah, don’t wait to seek legal help. Contact Jacob S. Gunter at (801) 373-6345 for a free consultation. We defend DUI cases throughout Utah, including Provo, Orem, Salt Lake City, Logan, and St. George. Let us help you fight your charges and protect your future.

Learn More About Criminal Defense Lawyer Jake Gunter

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

• Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
• How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
• What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.