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Define actual physical control of a vehicle? |
Couldn't one say that it is all the time since you could go out and start your car at any time. Just wondering how this might apply to someone who is drinking. In my town you don't have to be driving a car to get a DUI. You just need to have actual physical control of a car. The car keys are in my pocket and the car is in the garage. Technically I am in actuall physical control. It's on my property and the car's fate is in my hands. In most cases, if you are in the vehicle and have the keys in th ignition, and have a " BAC" above your states legal limit, you maybe charged with OWI. You must always look at your state statues to see what falls under the statutes. It means having the keys either in your hand or on your person while sitting in the driver's seat. In the car, within reach of the steering wheel, and either with the keys in the ignition or with the car hotwired to start without the keys. |
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