They have to be under the influence of alcohol or another substance;
Their driving ability has been affected enough to be considered dangerous, or their BAC (from blood, breath, and urine tests) has reached or exceeded 0.08%;
They were driving or have actual physical control of a vehicle motor vehicle
The third element, actual physical control, is interpreted differently by each state. Usually, the defendant has to be driving a vehicle, which is proven if the police or a witness has seen them, but other states include having "in physical control" of a vehicle, but what does that mean?
Per NRS 484C.110, actual physical control means that it does not matter that they were not driving the car as long as they still have the ability to drive, even if they have no intention of doing so. Exact definitions for actual physical control varies, but a notable case (Rogers v. State) has outlined the following factors that constitute if a person has actual physical control of the car:
If the vehicle's engine was running or not. Even if you were just using it for the air conditioner, the court reasons that you can start driving at any time.
How warm the engine is, which shows that the vehicle was running earlier.
The location of the keys. The worse thing that could happen is the police finding you with dui charges the keys in the ignition.
The defendant's position in the vehicle. The size of the vehicle also plays a part in this, which is particularly important for large drinking under the influence law vehicles or vehicles with sleeping areas like campers.
Where the vehicle is parked. The reason behind this is that, if the person was apprehended at the side of the road where they were parked, and the BAC results show that they exceed the limit, then it stands to reason that they have driven there while drinking.
Are the vehicle's headlights on? This is especially important if the defendant was apprehended during the night.
Were they trying to move the vehicle, aside from driving it? The reasoning behind this is they are still "controlling" the vehicle if for example, they were pushing it around. This can actually be more dangerous than if they were behind the wheel.
Is the property that the vehicle is located on is public or private? There's less of an offense if they were allegedly driving (or not driving) in their own private property.
Does the defendant own the vehicle?
Do they have any passengers or other potential driver? Sometimes the police are convinced that the "drunk one" was driving, even if it was their sober friend was actually the driver. Erratic driving or reports might be the reasoning for their suspicion.
Adding to the complication is the fact that each case is different. The best way to avoid this problem in the first place is to get as far away from your vehicle as possible whenever you are intoxicated and get a taxi, a designated driver, or a friend to take you home. Even if it's dui lawyer reviews inconvenient or costly for you, it's a small price to pay than fighting the case in court. If it still happened and you were charged with DUI, the only thing you can do now is to contact a DUI defense attorney and fight your case for you. They are all too familiar with cases like this, and they know the best ways to argue the case in your favor.
http://www.youtube.com/watch?v=vv-2EnUF5uY
