Don’t “sleep it off” In Your Car
While a DUI arrest implies you may have been “Driving Under the Influence,” Arizona DUI law tells a different story. In Arizona, you may be charged with a DUI, while in “actual physical control” of your vehicle. This means merely sitting in your car and talking on the phone or listening to music puts you at risk for a DUI arrest. If you have been drinking, your vehicle is not the place to sleep it off or pass the time while the effect of the alcohol wears off.
Arizona law states that as long as you have “potential use” of the vehicle, you are deemed to be in control of the vehicle. Whether you had the actual intention to drive is irrelevant. What is relevant is that you were in possession or control of the car key and, therefore, had the option of operating the vehicle. So, don’t drink and drive. And don’t enter your vehicle either, if you have been drinking.
If you have been charged with a DUI, please contact a DUI attorney at Oracle Law Group Office, P.C. for assistance with your DUI case.