What is one of the elements required to charge someone with DUI under Arizona law?

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Charging someone with DUI under Arizona law requires establishing that the individual was in actual physical control of the vehicle while impaired. This means that even if the person was not actively driving the vehicle at that moment, they could still be held responsible if they have the ability to operate the vehicle. This standard is crucial because it addresses situations where an individual may be in the vehicle, such as sitting in the driver's seat with the keys, but not actively driving.

This aspect of DUI law reflects the broader intent to prevent impaired individuals from being in a position where they could potentially drive, thereby enhancing public safety. The law seeks to deter not only actual driving under the influence but also the behavior that leads to a higher risk of impaired operation of a vehicle.

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