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DUI and Physical Control

After a party or other event that involves the consumption of alcohol, a person may decide to wait to sober up by sleeping in the car. However, they may be sorely surprised when a police officer asks them to step out of the vehicle and arrests them for intoxicated driving. Unfortunately, there are some instances in which you can be charged with an Arizona DUI for being intoxicated inside a parked vehicle.

If you have been charged with driving under the influence, you can benefit from the services of an experienced lawyer who can fight to defend your rights. To discuss your defense options further, contact the Arizona DUI attorneys of Thompson & Volquardsen, P.C., at 602-510-9999 today.

What Is Physical Control?

A person can be arrested by the police on DUI charges for being intoxicated while in “physical control” of a motor vehicle. This does not mean they must actually be operating the vehicle, but they simply must have the direct ability to control the car. This concept allows police to arrest individuals who have the ability and desire to drive their vehicle while intoxicated. Frustratingly, some people may be arrested because of this law even though they clearly did not have the desire to drive while intoxicated.

The following can help police define physical control:

  • Whether the individual is in the front or back seat
  • If the keys are in the ignition
  • If the hood of the vehicle is warm from the engine being on

Police may also ask a defendant questions about what they are doing in their vehicle. If a person admits to thinking about driving while possibly still drunk, this can severely hurt their case.

Contact Us

If you or someone you love has been charged with DUI, there may be legal options available to protect your rights. To learn more about your defense options, contact the Arizona DUI lawyers of Thompson & Volquardsen, P.C., by calling 602-510-9999.