In DUI (Driving Under the Influence) cases, prosecutors don’t always need to prove you were driving to secure a conviction. Many states criminalize being in “actual physical control” of a vehicle while impaired, even if the car isn’t moving. This legal concept is nuanced, varies by jurisdiction, and often leads to confusion for drivers.

This in-depth guide will explain what “actual physical control” means, how courts interpret it, and how to defend against such charges. Whether you’re in Arizona (ZIP 85001), Florida (ZIP 33101), or California (ZIP 90001), understanding this critical aspect of DUI law could protect your rights and future.

What Is Actual Physical Control in DUI Cases?

Actual physical control (APC) refers to a person’s ability to operate a vehicle, even if it’s stationary. Courts often rule that a driver can be charged with DUI if they are:

• In the driver’s seat.

• In possession of the keys.

• Capable of operating the vehicle while impaired.

This law aims to prevent intoxicated individuals from potentially endangering others by starting the car. For example, sleeping in a parked car with the engine running could lead to APC charges, even if the vehicle never moved.

Need help fighting APC charges? Consult a DUI defense lawyer now or call 833-279-1850.

How Do Courts Define Actual Physical Control?

Courts weigh multiple factors to determine APC, including:

1. Location of the Vehicle

• Parked in a driveway vs. on a public road.

• Engine running or off.

2. Driver’s Position

• Sitting in the driver’s seat vs. passenger seat.

• Reclined or asleep.

3. Keys in the Ignition

• Keys in the ignition (even if the engine is off) often indicate control.

4. Intent to Drive

• Did the driver plan to operate the vehicle?

For example, in Arizona v. Zaragoza, the Arizona Supreme Court ruled that a driver asleep in a parked car with keys in the ignition had APC.

State-by-State Interpretations

Arizona (ZIP 85001)

• APC Definition: Broad. Keys in the ignition + presence in driver’s seat = APC.

• Case Law: State v. Love (1993) – Sleeping driver with keys in pocket was convicted.

California (ZIP 90001)

• APC Definition: Requires “reasonably foreseeable” risk of driving.

• Case Law: People v. Sims (1996) – Driver in passenger seat with keys in cup holder was acquitted.

Florida (ZIP 33101)

• APC Definition: Focus on “capability to operate.”

• Case Law: State v. Kliphouse (2008) – Driver asleep in running car convicted.

Texas (ZIP 73301)

• APC Definition: Requires intent to operate.

• Case Law: Denton v. State (2010) – No conviction if keys were in the trunk.

Confused about your state’s laws? Get a free case review or call 833-279-1850.

Key Factors Courts Consider

1. Engine Status: Running engines strongly suggest APC.

2. Key Location: Ignition vs. pocket vs. trunk.

3. Driver’s Condition: Asleep, awake, or attempting to drive.

4. Vehicle Location: Public road vs. private property.

5. Testimony: Officer observations about impairment.

Real-Life Case Examples

Case 1: Maryland v. Smalls (2022)

A driver was found intoxicated in a parked car with keys on the dashboard. The court ruled no APC because the keys were out of reach.

Case 2: Ohio v. Thompson (2019)

A driver sleeping in a car with heat on (engine running) was convicted.

Consequences of an Actual Physical Control Conviction

APC convictions carry penalties similar to standard DUI, including:

• Fines ($1,000+).

• License suspension (6–12 months).

• Jail time (up to 6 months for first offenses).

• Ignition interlock device requirements.

Facing APC charges? Connect with a DUI attorney or call 833-279-1850.

Defenses Against Actual Physical Control Charges

1. No Intent to Drive: Prove you had no plans to operate the vehicle.

2. Keys Not Accessible: Keys were in the trunk or another person’s possession.

3. Vehicle Inoperable: Flat tire, empty gas tank, or mechanical failure.

4. Illegal Stop: Challenge the officer’s reason for approaching the vehicle.

Frequently Asked Questions (FAQs)

1. Can I be charged with DUI if I’m sleeping in my car?

Yes, if the court determines you had APC (e.g., keys in ignition, engine running).

2. What if the keys weren’t in the ignition?

Depends on the state. In Texas, keys in the trunk may defeat APC; in Arizona, keys in your pocket may still lead to charges.

3. Does APC apply to bicycles or motorcycles?

No. APC laws typically apply only to motor vehicles.

4. Can I avoid APC charges by sleeping in the back seat?

Possibly, but not guaranteed. Courts may still consider key location and intent.

5. Is APC a misdemeanor or felony?

Usually a misdemeanor for first offenses but can escalate with prior convictions.

6. How do I fight APC charges?

Work with a DUI attorney to challenge evidence of control and impairment.

7. What if my car was parked on private property?

Some states exempt private property, but others (e.g., Arizona) apply APC laws universally.

Have more questions? Talk to a DUI lawyer now or call 833-279-1850.

How a DUI Attorney Can Help

A skilled attorney can:

• Analyze the prosecution’s evidence of APC.

• Challenge improper police conduct.

• Negotiate reduced charges or dismissals.

• Represent you at DMV hearings to save your license.

Don’t risk your future. Get expert legal help today or call 833-279-1850.

Actual physical control laws are designed to prevent impaired individuals from endangering others, but they can ensnare drivers who never intended to drive. If you’re facing APC charges, act quickly to protect your rights.

Secure a free case review with a DUI attorney or call 833-279-1850. We connect you with experienced lawyers in your area.

Disclaimer: This article is for informational purposes only. Consult a qualified attorney for legal advice. For more resources, visit the NHTSA or your state’s DMV website.