Legal Definitions - actual physical control

Actual physical control refers to having direct bodily power over something, particularly a vehicle. In many jurisdictions, a person charged with driving while intoxicated must be shown to have had actual physical control of the vehicle.

1. A person who is found sleeping in the driver's seat of a car with the keys in the ignition may be charged with driving under the influence because they had actual physical control of the vehicle.

2. If a person is sitting in the driver's seat of a car with the engine running, even if they are not driving, they may be charged with DUI because they have actual physical control of the vehicle.

These examples illustrate that actual physical control does not necessarily mean that a person is actively driving a vehicle. Simply being in the driver's seat with the ability to operate the vehicle is enough to establish actual physical control.