Defendant was a passenger in a car that was stopped for a traffic violation. After the car was stopped, the defendant switched seats with the driver,and got into the driver’s seat. The were still in the ignition and the car was running. The defendant was charged with DUI as he was in actual physical control of the vehicle. After his arrest, the defendant took a breath test which registered a .163 and a .169. Aquitted of DUI by a jury.