28.1381(A)(1)-APC Actual Physical Control Defined

• Jurisdiction: Arizona

In determining the defendant was in actual physical control of the vehicle, you should consider the totality of circumstances shown by the evidence and whether the defendant’s current or imminent control of the vehicle presented a real danger to [himself] [herself] or others at the time alleged. Factors to be considered might include, but are not limited to:

whether the vehicle was running; whether the ignition was on; where the ignition key was located; where and in what position the driver was found in...