In Washington, law enforcement can charge you for physical control of a vehicle while under the influence. This carries the same heavy penalties as a standard driving under the influence (DUI) charge. The law does not look at whether you were driving the vehicle. What matters is that you have actual physical control of the car while under the influence.
The standard of actual physical control in Washington
While Washington statutes do not explicitly define actual physical control, courts interpret it as having the immediate ability to operate the vehicle. Usually, a judge will look for signs of how easily you could have started driving, which can include:
- The keys are in the ignition, in your pocket or on the dashboard.
- You are sitting in the driver’s seat while having easy access to your keys.
- You are sleeping in the back, but the keys are within reach.
Washington law does provide a silver lining. You may have a valid defense if you moved your vehicle safely off the roadway before law enforcement arrived. However, this is a technical hurdle. If you were in a lane of travel, on a dangerous shoulder or in a position that obstructs traffic, this defense can vanish quickly.
Do not let a misunderstanding ruin your record
You might have thought that sleeping the alcohol off in the car is the responsible thing. However, this led to a physical control charge, which is the last thing you want to happen.
Physical control cases can be complex, especially when arguing the nuances of control and intent. Seeking legal counsel is the best course of action.