Physical control, what does it mean and what does it NOT MEAN?
Sitting in the drivers seat.. without the keys in ignition, Keys in your pocket or on the dashboard/passgengers seat;
You cannot put the car in drive, reverse, etc. However, if the keys are within an arms reach, there have been cases that determined that this was physical control, because while in the drivers seat, you could have reached over to insert the keys in the ignition, or reached in your pocket. Now if a cop asks you "did you know your keys are on the drivers seat?"
If you say "NO" then perhaps this can eliminate the notion you were in physical control of your vehicle, because you are not aware the keys are around, hence, you cannot reach over to pick up that which you are not aware of.
The same applies for your keys in your pocket. I would not contest the bac here(unless it was contestable) and argue that "my client was not aware his keys were in his pocket, nor on his dashboard/seat because my client was legally impaired."
What is not physical control;
Keys not in ignition, keys out of arms reach, i.e, Keys on the backseat of car, Keys in your trunk.. KEYS IN THE IGNIGTION, BUT YOU ARE ON/IN THE BACKSEAT OF YOUR CAR.. You cannot control your car while you are sleeping/sitting in the backseat of your car, NOT IN THE DRIVERS SEAT... Can you put your car in drive while sitting in the backseat? I do not think so. Pysical control basically comes down to whether or not you were in a position to actaully operate your vehicle, at the very moment the officer encountered you. As well here, He/she needs probable cause to encounter you. I would look specifically first at the officers statments as to why he approached your vehicle and what he liosts in the misdemeanor arrest report as his intial probable cause to engage you.
It really has nothing to do with your specific intent. Dui is a general intent crime. Specific intent is moot here. I hope my posts have given you some help.. Peace PS.. GET A DUI LAWYER NOW!! Find one who knows his krap, and one who is certified in the field sobriety area. Your really good dui lawyers are certified in at least the HGN area, because HGN is somewhat easily challengeable.