San Diego police detective, Karen Almos, was arrested for suspicion of DUI when police found her sleeping in her car in a local park. According to a police spokesman, paramedics first contacted Almos at approximately 3:25 a.m. Pending the investigation, Almos has been assigned to administrative duties.
The vehicle code in California says that a person may be arrested for DUI if she is “in or about a vehicle” that obstructs a road or if the person might cause injury or damage if not immediately arrested. This language is similar to the “actual physical control” definition in Colorado. In Colorado, similar to California, a person may be arrested for DUI even if the car is not moving. “Driving” for purposes of DUI can be established by proving actual physical control. In determining whether there is actual physical control, there are a number of factors that are considered, such as the person’s location inthe car, the location of the keys, and whether the car is operable.
Unfortunately, the actual physical control definition makes it possible for police to arrest someone for a DUI even if the person is sleeping in their car in a parking lot. However, because there are a number of factors to be considered in making a “driving” determination, if you were arrested and charged with a DUI, but when you were contacted by police you were not actually driving the car, meaning you were not moving the car from one place to another, it is important to have a DUI attorney review your case because if there is not sufficient evidence to prove actual physical control, it will result in dismissal of the DUI charge.