What constitutes actual physical control of a vehicle?

Actual physical control of a vehicle refers to a person's physical presence in or on the vehicle in such a way that they have the ability to operate it. This means that if someone is inside the vehicle and has the capacity to start and operate it, they are considered to be in actual physical control.

Choices that focus on ownership or merely having the keys in the ignition or driving the vehicle when stopped may not encompass the broader definition of control. For instance, ownership alone does not grant the ability to operate the vehicle unless the owner is also present and capable of driving it. Similarly, having keys in the ignition indicates potential control but does not guarantee that someone is in a position to operate the vehicle. Being physically present in or on the vehicle indicates that a person can take immediate action to drive, which confirms actual physical control in a clear and direct manner.