Washington State Physical Control Attorneys

Serving all of King, Pierce and Snohomish Counties.

Seattle - Tacoma - Everett

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(206) 624-9605

Washington State's Physical Control laws operate very similar its Driving Under the Influence of Intoxicants laws.  The critical difference, however, is that you do not need to actually be driving a vehicle to be arrested and charged with this crime.  You only have to be in "physical control" of the vehicle while either above the legal limit (.08) within two hours of being arrested, or be under the influence of or affected by intoxicating liquor or drugs, or a combination of alcohol and drugs.

If, however, you are "safely off the roadway", you may have a valid legal defense to this charge.  The issue of whether you are in fact safely off the roadway is one that is very fact specific.  If you believe that you were safely off the roadway, it is important to speak with an experienced WA State physical control attorney who can properly review the specific facts of your case.  This is an affirmative defense, and it must be properly raised and presented to the court in order for you to utilize it.  We can assist you in making sure that this evidence is properly presented.

You have got to be kidding me.

Many people are surprised to learn that there even is a law such as "Physical Control" of a vehicle while under the influence.  They are often even more shocked to learn that Washington's penalties if you are convicted of physical control are exactly the same as those imposed for a person convicted of DUI (Drunk Driving).

But it's true.  If you are convicted under Washington's physical control laws, you will be sentenced to exactly the same penalties as if you had actually been driving your vehicle while intoxicated.

At a minimum, you will be sentenced to the following:

• Mandatory Jail
• Mandatory License Suspension of at least 90 days
• Mandatory Alcohol Evaluation (and follow all treatment recommendations)
• Mandatory installation of an Ignition Interlock Device
• Mandatory Fines, Costs and Assessment of at least $850
  
• Mandatory Attendance at Victim Impact Panel
• Probation for five years
  

The judge has no discretion to modify or reduce these penalties.  They are required to be imposed by law.  We handle numerous physical control and DUI cases in King County, Pierce County and Snohomish County every years.  Whether you have been arrested for drunk driving or physical control in Seattle, Everett, Tacoma, or any city in between, we're here to help.

RCW 46.61.504
Physical control of vehicle under the influence.

(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:

(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or

(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section.  No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.

(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.

(4) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.

(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.

(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if: (a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or (b) the person has ever previously been convicted of (i) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), (ii) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or (iii) an out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection.


[2008 c 282 § 21; 2006 c 73 § 2; 1998 c 213 § 5; 1994 c 275 § 3; 1993 c 328 § 2; 1987 c 373 § 3; 1986 c 153 § 3; 1979 ex.s. c 176 § 2.]