DUI Lawyer in Salt Lake City, Utah
If you have been charged with a DUI then one element that must be proven in Utah is that you had “actual physical control” of a vehicle. This fact can be fact intensive when it comes to a DUI in Utah. There is a case in Utah (Richfield City v. Walker) when it comes to DUI prosecution that seems to be explain the factors the court will look at when determining if the person is in actual physical control of the vehicle;
“In summary, we look to the totality of the circumstances to determine whether defendant was in actual physical control of his vehicle. Relevant factors for making this determination include, but are not limited to the following: (1) whether defendant was asleep or awake when discovered; (2) the position of the automobile; (3) whether the automobile’s motor was running; (4) whether defendant was positioned in the driver’s seat of the vehicle; (5) whether defendant was the vehicle’s sole occupant; (6) whether defendant had possession of the ignition key; (7) defendant’s apparent ability to start and move the vehicle; (8) how the car got to where it was found; and (9) whether defendant drove it there.”
Richfield City v. Walker, 790 P.2d 87, 93 (Utah Ct. App. 1990)
It is important that each factor is considered in depth in your case. You need to make sure the prosecution can establish a full and complete case. At Arnold, Wadsworth & Coggins Attorneys, we will help you with your DUI case in Utah. We have offices in Salt Lake City and Ogden, Utah to fit your needs.
