this edition of 'protect and serve' is most curious in that it seems you can get a dui even when you're not driving or even sitting in the car;

Cops are apparently so hell bent on enforcing DUI laws that some of them are reportedly arresting folks for DUI—even if they are not driving. In Utah, there have been multiple instances of cops issuing DUIs to people who aren’t driving, and they are proud of it.

This insanity is the result of police officers’ interpretation of an ill-defined law. As KUTV reports, in Utah, a person cannot drive, operate, or be in “actual physical control” of a car while under the influence or alcohol or drugs. There are a lot of factors that are looked at to determine if a person is in “actual physical control” of the car. 

“Actual physical control isn’t defined, it’s whatever the cop says it is,” said David Rosenbloom, a DUI defense attorney.

This broad interpretation has led to people getting a DUI and they never got behind the wheel. Most DUI laws are in place to prevent folks from driving drunk and causing harm but leaving cops in charge of such a broad paintbrush in Utah is a problem.

“You don’t have to be sitting in your car to get a DUI in Utah. You could be camping. If the keys are in the car and you’re listening to the radio, that’s a DUI,” he said.

Rosenbloom knows this because he has represented people arrested for that very reason. Apparently cops will stake out camp sites and wait for people grab something from their car or listen to the radio and then sweep in to arrest them.

This is not keeping anyone safe. It is predatory and it is wrong. Nevertheless, it happens at an increasing rate.  ...........https://fromthetrenchesworldreport.com/cops-give-duis-to-people-not-even-driving-a-car-including-people-using-uber/259477