One Hand on ATV Handlebars Constitutes “Actual Physical Control”

Helping a child steer an ATV while under the influence of alcohol is still considered "actual physical control" because a "person need not operate...a vehicle before he or she may be found to be" in control

State v. Cook, 2017 UT App 8.

The Utah Court of Appeals held that one hand on an ATV handlebar constitutes actual physical control in regards to driving while under the influence, even if it only consisted of “helping” a ten-year-old child steer the vehicle. The defendant was spotted when an officer saw her and two other passengers speeding along a snow covered road riding an ATV. The officer noticed that the adult defendant on the vehicle had a can of beer in one hand and another hand on the handlebars. The defendant argued that she only had a hand on the handlebars to protect the child who was driving the vehicle, thereby not having actual physical control of the ATV. The Court of Appeals rejected this argument, citing law that says “actual physical control” means “existing or present bodily restraint, directing influence, domination or regulation.” State v. Bugger, 483 P.2d 442, 443 (Utah 1971). The court further noted that the distinction between “operating a vehicle and having actual physical control…a person need not operate…a vehicle before he or she may be found to be in actual physical control.” State v. Barnhart, 850 P.2d 473, 479 (Utah Ct. App. 1993). The Court of Appeals, after reviewing the defendant’s testimony of her actions in regards to the vehicle, found that she indeed exerted actual physical control over the ATV while intoxicated and affirmed the lower court’s conviction.

https://www.utcourts.gov/opinions/appopin/State%20v.%20Cook20170112.pdf