Actual Physical Control DUI Defense Lawyer

Our attorneys explain Arizona’s complicated drunk driving laws

Driving under the influence (DUI) in Arizona is a serious crime. That’s why drivers need to take DUI charges seriously. Otherwise, they could lose their license, face fines worth hundreds or thousands of dollars and possibly even prison time.

That’s why many drivers think they’re doing the smart thing by not driving when they have had too much to drink. But what many people might not realize is they can still face DUI charges in Arizona even if they’re not driving. That’s because Arizona has what’s known as “actual physical control” laws.

People facing such unusual DUI charges need an experienced Arizona DUI defense attorney on their side. That’s why people routinely rely on Brown, Naegle, Crider & Jensen LLC to defend them if they’ve been charged with drunk driving in Arizona. Criminal defense attorney Charlie Naegle knows how the legal system works and can help you every step of the way.

What does actual physical control mean?

Arizona has a specific set of laws which allows police officers to charge people with a blood alcohol concentration (BAC) of 0.08 percent or above with DUI, even if they have not been driving. These laws refer to a legal concept known as “actual physical control.”

If a police officer believes you were in actual physical control of your vehicle and you were legally intoxicated, you may be charged with DUI. The determination of actual physical control is based on the following factors:

  • Were you seated in the driver’s seat when the officer found you?
  • Were you awake or asleep in the driver’s seat?
  • Were your headlights on or off?
  • Was your vehicle’s ignition on or running?
  • Where were your car keys located when the officer found you?
  • Was your vehicle legally parked?
  • What time of day was it when the officer found you?
  • Was your heat or air conditioning on when the officer found you?

There are many other factors that can contribute to a police officer or an Arizona State Police trooper arresting you for DUI, even if you have not been driving. Such cases can be extremely complicated and often end up going to trial. That’s why it’s important to talk to an attorney at our law firm as soon as possible if you have been charged with DUI in Arizona.

How we can help you

As your attorney, we can represent you every step of the way – from being charged with DUI to representing you in court and appealing your case if necessary. We know what evidence to look for and what questions to ask when building a strong DUI defense case.

Many actual physical control DUI cases come down to circumstantial evidence. What might seem like proof of intent to drive under the influence of alcohol might actually be evidence of you being responsible and not driving while legally intoxicated. As your lawyer, we can present the evidence to a judge and jury in an effort to show that you were acting with the best of intentions.

We understand the seriousness of such charges and we want to help you build the strongest possible defense. Put your trust in an Arizona DUI defense attorney who puts your needs first. Contact us today and schedule an appointment at our office in Mesa or one of our other locations in the East Valley. We’re here for you when you need us most.

3850 E Baseline Rd Suite 112
Mesa, AZ 85206
local phone: (480) 378-9000