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Non-Auto / Non-Driving DUI Defense Lawyers in Flagstaff, Arizona | Gonzales & Poirier Law Firm
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Flagstaff, Arizona Non-Automobile DUI Defense Lawyers

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Non-Driving or -Operating a Vehicle DUI Attorneys in Flagstaff

Arizona DUI Law Does Not Require that an Accused be “Driving”


It reads as follows: 28-1381 – Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

  1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
  2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
  3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body.


What is Actual Physical Control of a Vehicle?

What is actual physical control (APC)? I have had many clients who were accused of a DUI while parked in their vehicle. So they were not driving, but were they in physical control? Well, that is a question for the jury to decide.

Actual physical control factors to consider:

  • Was the car running?
  • Were the keys in the ignition?
  • Was the accused merely taking shelter from extreme cold or hot weather?
  • Were the windows rolled up?
  • Was the radio on?
  • Was the heater or A/C on?
  • Was the driver’s seat reclined?

It is part of a DUI attorney’s job to be able to analyze a case for APC issues to help an accused avoid the severe consequences of a DUI.

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