Physical Control Criminal Lawyer
Physical Control of a Vehicle
The crime of Physical Control of a Motor vehicle while Intoxicated is the same as Driving Under the Influence. The crime is defined by RCW 46.51.504.
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
Physical Control is used to fill in the gap between someone who is under the influence and is about to drive, and is actually able to drive a vehicle. However, they cannot prove that they have driven. A common situation is someone sitting in a parking lot, or on the side of the road, or asleep at the wheel while the engine runs. In situations where the engine was not turned on but the intoxicated person was sitting in the driver’s chair, police have brought Physical Control to the attention. The car’s inoperable status is no defense.
Physical Control in Washington is punishable the same way as DUI. Washington has mandatory minimum jail sentence, license suspension, and ignition interlock.
Stay Safe on the Road
Physical Control is protected by a defense that says the offender must be safely off the road before police pursue him. For DUI charges, this defense is not available. This defense is designed to encourage drunk drivers to pull over and leave the road. This defense is complex and must be proved by the preponderance.
Joe Riemer, a seasoned DUI and Physical Control lawyer, can help you defend against these charges.