State v. Zaragoza

OPINION

RYAN, Justice.

¶ 1 Arizona’s driving under the influence statute, Ariz.Rev.Stat. (“A.R.S.”) § 28-1381(A)(1) (Supp.2005), makes it “unlawful for a person to drive or be in actual physical control of a vehicle ... [wjhile under the influence of intoxicating liquor.” The statute does not define “actual physical control,” and courts have crafted inconsistent jury instructions on the meaning of that phrase. Although we conclude that the jury instruction in this ease correctly guided the jury, at the request of both parties, we take this opportunity to set forth a recommended jury instruction…