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Posted on March 13, 2023 in DUI
Arizona’s driving under the influence (DUI) law not only prohibits driving a motor vehicle while intoxicated but also being intoxicated while in “actual physical control” of a vehicle. Thus, there are circumstances in which a vehicle occupant can be charged with DUI if they’re found to be in actual physical control.
The Rosenstein Law Group represents Arizona residents accused of DUI, even if you were merely an occupant in a vehicle. In this blog post, we consider how you can be charged with DUI as an occupant.
If you have been arrested for DUI as an occupant, call us at (480) 248-7666 or use our online contact form to speak with an Arizona DUI law specialist attorney.
In general, if you are riding in a motor vehicle as a passenger and are not driving the car, you cannot be arrested or found guilty of driving under the influence.
So, if the person driving the car is intoxicated, that individual could be arrested and charged with a DUI, but you will not face legal trouble.
But in Arizona, there is an exception: if you are the person accused of being in actual physical control of the vehicle, you could face DUI charges.
Arizona’s drunk driving law is found in Arizona Revised Statutes (ARS) Section 28-1381. The exact language of this law is that “it is unlawful for a person to drive or be in actual physical control of a vehicle” while under the influence of alcohol and/or any intoxicating drug.
The part of the law that could involve you as a passenger is “actual physical control of a vehicle.”
Actual physical control means direct influence, domination, or regulation of a motor vehicle. It is based on the apparent ability to start and move the vehicle, judged under the totality of the circumstances. Thus, even if you’re not actively driving or operating a motor vehicle, sufficient evidence of actual physical control can lead to a DUI arrest.
Circumstances that suggest actual physical control include whether the vehicle was running, the vehicle’s lights were on, the passenger was awake, or other reasons to suspect that the intoxicated passenger was in control of the vehicle.
For example, let’s say that you and a friend go out for a night on the town, and both of you drink enough alcohol that you are feeling the effects. Your friend, who is driving the car, decides to pull off to the side of the road, parks the car, and then gets out to go for a walk and some fresh air. Your friend leaves the keys in the ignition, and you remain in the passenger seat.
If a police officer finds you in the passenger seat—with the driver missing—and suspects you are impaired, you can face a DUI arrest. This is because the officer believes that you are in actual physical control of the vehicle.
If you get arrested for DUI as a passenger or occupant in Arizona due to actual physical control, call Rosenstein Law Group as soon as possible.
If your DUI case goes to trial, the prosecution will have to prove you are guilty of the crime beyond a reasonable doubt. The elements to be proven include your impairment and that you were in actual physical control of the vehicle.
Your Rosenstein Law Group attorney can work to show that the prosecutor does not have enough evidence to meet the burden of proof, including arguing against the allegation of actual physical control. For example, Arizona recognizes a “Stationary Shelter Rule” in certain cases, allowing a person to sleep it off in a parked car without being found to be in actual physical control, depending on many factors such as the location of the vehicle, the presence of the car keys, whether the ignition was on, weather conditions, where you were found inside the vehicle, whether you were awake or asleep, to name just a few..
The consequences of a DUI conviction in Arizona do not change simply because you weren’t driving. If you are facing a DUI charge as a passenger or occupant, call us today at (480) 248-7666 or use our contact form to speak with an experienced DUI defense lawyer and schedule a free consultation.