It is a commonly held belief that an individual can receive a DUI even though they aren't actually physical control of the vehicle. defending DUI cases While that can be the case, there is actually a very precise legal definition of what can constitute a DUI. The most relevant part of the statute is the part about the driver being in "actual physical control" of the vehicle while intoxicated. In order for a driver to be in actual physical control of the vehicle, the officer at the scene must look at the totality of the circumstances including the following three factors. First the officer should establish whether the engine, ignition, and lights were on at the time. Next, the officer must look at the location of the vehicle. The location of the vehicle is very important. If the vehicle was in the middle of a road (moving or not moving) and not off to the side, that would be a pretty clear indication that the driver was in actual physical control of the vehicle.