EXTREME DUI (.166 BAC) DISMISSED DUE to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. B. (DMC No. 6502) (Encanto Justice Court No. TR05-54303CR): Mr. B. was found pulled over at the Gore Point of the west I-10 and 7th Avenue on ramp. The door of his vehicle was open, the engine was off and Mr. B. was sitting in the driver seat. The officer contacted him, and Mr. B. said he was waiting until he was “sober enough to drive”. He was arrested for DUI and cited for Extreme DUI once he produced a .166 breath test at the station. We argued that he was not in “Actual Physical Control”, which is an exception in the law that exists for those who pull over in order to have “safe harbor”. The State agreed, and all charges were dismissed.
