Arizona Supreme Court Give Juries Instructions On DUI Laws

Arizona juries are getting new guidance on how to tell whether a person who has been drinking is violating the law against driving under the influence even if the vehicle isn't moving. Juries have been given instructions on what state law means when it prohibits a person under the influence of alcohol from being in "actual physical control of a vehicle," the state Supreme Court said in a ruling issued Wednesday. The unanimous ruling includes a recommended instruction telling jurors to decide whether an impaired person both controlled a vehicle and posed a danger. A 13-item list of things to consider include whether a vehicle was running, where it was stopped, locations of the key and driver, whether the driver was asleep and any explanations provided for circumstances. The DUI law doesn't necessarily involve intent, so juries and judges should determine whether a person is in control of a vehicle without considering "a defendant's purpose in exercising control," Justice Michael D. Ryan wrote for the court. The ruling upholds a DUI conviction in a Pima County case in which a Tucson police officer saw a man stagger into a car. The officer then found the man with one hand of the steering wheel and the other inserting the key in the ignition. The man had a blood-alcohol content of 0.357 percent.

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