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What Is Physical Control?

In Kentucky, the definition of DUI includes the driver being in physical control of the vehicle.  For example, if you are a passenger in a vehicle, you are not in physical control of the vehicle.  There are other times when KRS 189.010 defines DUI in Kentucky as follows: (1) A person shall not operate or be in physical control of a motor vehicle anywhere in this state: (a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle; (b) While under the influence of alcohol; (c) While under the influence of any other substance or combination of substances which impairs one's driving ability; Obviously the operator of the vehicle is in physical control.  There are other factors which could place a person in physical control. For example, if a person moves the vehicle by pushing then the person with the steering wheel may be in physical control.  If you are sitting at the driver's seat, with the vehicle running... you are likely in physical control. I have represented numerous defendants who were sleeping while in the vehicle.  There are a number of factors which would indicate physical control (or not).  Where was the vehicle?  (in traffic/parked) Was the vehicle on the roadway?  Where was the person seated? (back eat/passenger/driver).  Were the keys in the ignition?  Was the ignition on?  Was the car in park?  Was the engine warm?  There are many very good Appeals Court cases as well as some that are not so good for DUI criminal defendants. If you have been charged with DUI or any other crime, you should speak to an attorney.  For consultation in Boone, Campbell or Kenton counties, call Michael Bouldin at 859-581-6453 (581-MIKE) or email at mwbouldin2@gmail.com.

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