What is Physical Control in a DUI Case?

Physical control in a DUI case means that the defendant has the likely means to operate the vehicle even if he or she was not actually driving the vehicle at the time that they were stopped by the police. The concept is a vitally important one, because Tennessee’s DUI law prohibits not just driving a vehicle but also being in “physical control” of a vehicle while intoxicated.

The Tennessee Supreme Court explained in State v. Lawrence, 849 S.W.2d 741 (Tenn. 1993) that to determine whether a DUI defendant was in physical control of the vehicle, the courts look to the totality of the circumstances.  The state supreme court also identified the following five factors to consider: 

The location of the defendant in relation to the vehicle;

The location of the ignition key;

Whether the vehicle’s motor was running;

The defendant’s ability, but for intoxication, to direct the use or non-use of the vehicle; and

The extent to which the vehicle is capable of being operated or moved under its own power. 

All of these factors can be important to determine physical control. For example, a defendant found inside a vehicle intoxicated with the keys in the ignition is likely to be considered in “physical control” of the vehicle.  However, if the defendant is in the backseat of the vehicle, the motor is not running, and the keys are not on the defendant’s person or in the ignition, there is a good argument that the defendant is not in physical control of the vehicle. A person standing outside a running vehicle may well be in physical control of the vehicle absent other circumstance.

Because of the flexibility inherent in such a multi-factor test, you need an experienced criminal defense attorney to be able to argue on your behalf and protect your rights. Eric L. Phillips of the law firm Hagar & Phillips has handled many DUI cases and has the experience and skill necessary to handle your case.