Actual Physical Control | Virginia DUI/DWI Attorney

One evening, Ellen Rix was riding in the passenger seat while her friend, Ms. Stoilova, drove her car. The evening took a negative turn when a police officer pulled over the women. Ms. Stoilova pulled to the side of the road, as did the officer, but as the officer was walking up to the car, she and Ms. Rix switched seats so that Ms. Rix was in the driver’s seat. The keys were still in the ignition and the engine was running. Ms. Rix later explained that she was afraid Ms. Stoilova would be deported if she were arrested.
The officer asked Ms. Rix to exit the car. The officer also noticed that Ms. Rix had red eyes, slurred speech, strong odor of alcohol, and unsteady balance. Ms. Rix refused to take any field sobriety tests, arguing that she was not driving the car. She was arrested and charged with DUI and criminal refusal. Ms. Rix’s case came to trial before a judge and she was convicted of both charges over her repeated objections that she had not been driving.

This case is an example of the conviction based on the concept of “actual physical control” of a vehicle. An individual can be convicted of a DUI even if they did not drive, or have any intention to drive. Sitting behind the wheel of a car while it is running is enough to lose a DWI case in Virginia.

If you have received a DUI under these circumstances, an experienced lawyer can help. You can also download a free copy of our Virginia DUI/DWI Special Report.

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  2. “Seat belts for minors” bill approved by Virginia lawmakers
  3. New Virginia Law Targets Underage DUIs | Virginia DUI Lawyer
  4. Drunk Teenager Steals Police Car, Passes Out in It | Fairfax DUI Attorney
  5. “But I wasn’t actually driving,” and why this DUI excuse may not hold up | Virginia DWI Attorney

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