Legal Definitions - actual physical control

Actual physical control refers to having direct bodily power or influence over an object, most commonly a vehicle. This legal concept is crucial in determining whether someone can be held responsible for actions related to that object, even if they are not actively operating it at that precise moment.

In the context of vehicles, particularly in cases involving driving while intoxicated, a person might be considered to have "actual physical control" even if the vehicle is parked, as long as they possess the immediate ability to operate it.

• Example 1: Sleeping in a Parked Car with Keys

  Imagine a person found asleep in the driver's seat of their car in a public parking lot. The engine is off, but the car keys are in the ignition, and the person is clearly intoxicated. Even though the car is not moving, the individual is in the position to drive, and the keys are readily available to start the engine. This scenario demonstrates "actual physical control" because the person has the immediate capability to operate the vehicle, even if they are currently incapacitated or choosing not to drive.

• Example 2: Attempting to Move a Stuck Vehicle

  Consider a driver who has consumed alcohol and attempts to move their car, which is stuck in a snowdrift. They are in the driver's seat, the engine is running, and they are pressing the accelerator, causing the wheels to spin, but the car itself is not moving forward. In this situation, the individual is actively manipulating the vehicle's controls and has the engine running, clearly exercising "actual physical control" over its functions, even though the car is physically unable to move from its position.

• Example 3: Intoxicated Individual with Keys on Dashboard

  Suppose an individual is discovered intoxicated, slumped over the steering wheel of their vehicle, which is parked on the shoulder of a public road. The engine is off, but the car keys are found on the dashboard, within easy reach. Here, the person is in the primary position for operating the vehicle, and the means to start it (the keys) are immediately accessible. This illustrates "actual physical control" because the individual possesses the present ability and proximity to operate the vehicle, even without the engine running.