Was your Vehicle Safely Off the Roadway?
The Washington State legislature created an important exception to Physical Control laws to encourage impaired drivers to exit the roadway. If your vehicle was parked safely off the roadway, you should not be charged with Physical Control or DUI.
Unfortunately, the existence of this defense does not prevent law enforcement from making an arrest. In WA State, prosecutors routinely try to reject the “Safely Off the Roadway” defense for the following reasons:
- Engine was running
- Keys were in the ignition
- Headlights were on
- Driver was in the driver’s seat
- Vehicle was parked too close to the roadway
Physical Control Penalties & Consequences
A Physical Control charge is a gross misdemeanor that can result in the following criminal penalties & civil consequences:
- 1 to 364 days in jail
- Electronic home monitoring
- Fines up to $5000
- Alcohol or Drug Treatment
- Community Service
- Driver’s License Suspension (90 days to 2 years)
- Ignition Interlock device requirement
Physical Control Definition WA State (RCW 46.61.504)
A person is guilty of being in physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has physical control of a vehicle in Washington State:
- And the person has, within two hours after being in physical control of the vehicle, a breath or blood alcohol concentration of 0.08 or higher; or
- The person has, within two hours after being in physical control of a vehicle, a THC blood concentration of 5 ng/ml or higher; or
- While the person is under the influence of or affected by intoxicating liquor or any drug; or
- While the person is under the combined influence of or affected by intoxicating liquor and any drug.
Affected by means that you can still be considered under the influence, even if you are below the legal limits of alcohol or THC.
Is a Physical Control Charge Less Serious than DUI?
Many people who are facing Physical Control violations are confused about why the penalties are the same as DUI. In 2008, a case (Washington State vs Nguyen) was taken to the Washington State Supreme Court and the issue of seriousness was addressed. Although the Court agreed that Physical Control was a “lesser offense” than DUI, it was upheld that the penalties should be the same.
How to Prevent a Conviction
In most situations, a skilled Physical Control/DUI attorney will argue that you were safely off the roadway. Depending on the evidence, your lawyer can also argue that the police officer did not have probable cause to approach and investigate you.
The stronger the arguments, the more likely it is that your case will result in a dismissal, significant reduction, or acquittal. Even if you admitted guilt and the facts are unfavorable, there is still a lot that a good attorney can do to mitigate the consequences and protect your future.
Unfortunately, any charges related to impairment in a vehicle are harshly litigated in WA State. Prosecutors in cities that include Seattle, Tacoma, Bellevue, Everett, Kent, Puyallup, & Olympia aggressively seek penalties that can result in jail time and a license suspension.
Beckwith DUI Law has a proven track record for winning Physical Control cases and avoiding convictions in King, Pierce, Snohomish, Kitsap, & Thurston County. We have office locations in Seattle and Tacoma.
Call us today for a free consultation.