Ex Parte City of Gadsden

Defendant, Harold Cagle, was convicted of driving under the influence of alcohol, pursuant to Code of Alabama (1975), §32-5A-191, 495 So.2d 1142. The Court of Criminal Appeals set aside the conviction, finding that the prosecution failed to prove that the defendant had "actual physical control" over the vehicle, as is required by Key v. Town of Kinsey, 424 So.2d 701 (Ala.Crim.App. 1982).

We granted certiorari to review the test set forth in Key v.Town of Kinsey in light of the case before us.

In Alabama, there are two ways to prove that a person has been driving under the influence of alcohol.…