Driving under the influence (DUI) of alcohol is a serious offence in Arizona and other states, and the law is clear on the consequences for the offence. Even when a person is not driving, but found to be “in actual physical control” of a vehicle, they can still be convicted of a DUI. This article will explore the implications of the Arizona Revised Statutes (ARS 28-1381) and the legal interpretation of the laws, to provide an understanding of what it means to be “in actual physical control” of a vehicle.
What is “In Actual Physical Control”?
The legal definition of “in actual physical control”, according to the Arizona Revised Statutes, is “the defendant must have been in the driver’s position of the vehicle and have either actual physical control over the vehicle’s movement, or the means to exercise such control”. This definition makes it possible for a person who is not actively driving, but still in the driver’s seat of a vehicle, to be considered to be “in actual physical control”. This means that if a person is sleeping in their vehicle, even if the vehicle is stationary, they can be found to be “in control” and can be convicted of a DUI.
Penalties for DUI in Arizona
The penalties for a DUI conviction in Arizona can vary depending on the circumstances of the case, and the number of previous convictions. A first-time conviction is usually punished with a jail sentence of up to 10 days and a fine of up to $2,500. The offender may also be required to attend alcohol education classes and may have their license suspended for 90 days. If the defendant has had previous convictions, the penalties can be more severe, with a possible jail sentence of up to four months and a fine of up to $2,700.
Preventing a DUI Conviction
The best way to avoid a DUI conviction is to never get behind the wheel of a car after drinking. If a person finds themselves in a situation where they are in the driver’s seat of a car and have been drinking, they should call a taxi or a designated driver to take them home. If a person realizes that they are too intoxicated to drive, they should not attempt to drive, as this could result in a DUI conviction. Additionally, a person should never attempt to sleep in their car while intoxicated, as this could also lead to a DUI conviction.
Implications of a DUI Conviction
A DUI conviction can have serious implications for a person’s life. In addition to the fines and jail time, the offender may have their license suspended or revoked, may be required to install an ignition interlock device in their vehicle, and may be required to attend alcohol education classes. A DUI conviction can also negatively affect a person’s employment, as many employers may not want to hire a person with a criminal record. Additionally, a DUI conviction can stay on a person’s record for up to seven years, which can have a long-term impact on their life.
Conclusion
The laws on DUI in Arizona are clear and the penalties for a conviction can be severe. It is important to understand the definition of “in actual physical control” under the Arizona Revised Statutes, as a person can be convicted of a DUI even when they are not driving. The best way to avoid a DUI conviction is to never get behind the wheel of a vehicle after drinking, and to always use a designated driver or a taxi if a person finds themselves in a situation where they are in the driver’s seat of a car and have been drinking. A DUI conviction can have serious implications, so it is important to be aware of the laws and the potential consequences.
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