Although it is common to think that the vehicle must be moving in order to get a DUI, Utah law provides that so long as an intoxicated person is in physical control of a vehicle they can be charged with a DUI. Factors determinative of physical control include:
• Whether the accused was asleep or awake
• The position of the automobile;
• Whether vehicle was running;
• Whether the accused was in the drivers seat;
• Whether the accused was the only occupant;
• Whether the accused was in possession of the key;
• The accused’s ability to start and/or move the vehicle;
• How the vehicle got there and;
• Whether the accused drove the vehicle to where it was found.
The fact of the matter is, if you have been drinking and suspect you may be over the legal limit (.08 in Utah), don’t drive.
Utah DUI Defense Legal Representation
If you have been arrested for DUI in Utah or have questions about Utah DUI defense representation, you deserve the knowledge and expertise of the Utah DUI Defense Attorneys at Bostwick & Price, P.C. www.bostwickprice.com
