Actual physical control

Arkansas's A.C.A. § 5-65-103 makes it unlawful for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of Arkansas or a motor vehicle. The Arkansas statute applies the same operate-or-control language when the alcohol concentration in the person's breath or blood is at or above the level it sets, based on a definition of alcohol concentration found in another section of Arkansas law. The Arkansas statute also provides that an alcohol-related offense under it is a strict liability offense.

Nebraska's Neb. Rev. Stat. § 60-6,196 makes it unlawful for any person to operate or be in the actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug, or with an alcohol concentration in the blood or in the breath at or above the level the Nebraska statute sets for each. The Nebraska statute provides that a person who operates or is in the actual physical control of any motor vehicle in a condition it describes is guilty of a crime and, upon conviction, is punished as provided in other sections of Nebraska law.

Montana's Mont. Code Ann. § 61-8-1002 provides that a person commits the offense of driving under the influence if the person drives or is in actual physical control of a vehicle in the circumstances the statute lists. The Montana statute ties those circumstances to vehicle type and place: some cover vehicles upon the ways of Montana open to the public, some cover a noncommercial vehicle or commercial motor vehicle within Montana, and another covers listed prohibited substances in the blood of a person without a valid prescription on the ways open to the public. The Montana statute uses the phrase again when it describes the inferences a test result gives rise to at the trial of a civil or criminal action or proceeding arising out of acts alleged against a person driving or in actual physical control of a vehicle while under the influence of alcohol.

In New Jersey, N.J. Stat. § 39:4-50.4a directs the municipal court to determine, by a preponderance of the evidence, whether the arresting officer had probable cause to believe the person had been driving or was in actual physical control of a motor vehicle on the public highways or quasi-public areas of New Jersey while under the influence of intoxicating liquor, a narcotic, hallucinogenic or habit-producing drug, or marijuana or a cannabis item as defined in another New Jersey law. The New Jersey statute also has the court determine whether the person was placed under arrest, if appropriate, and whether the person refused to submit to the test upon the officer's request. Under the New Jersey statute, if these elements of the violation are not established, no conviction shall issue.

Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.