Have you ever heard the term “physical control,” and if so, do you understand what this means? Simply put, it is a legal concept you can find in DUI law that applies when someone is found controlling a vehicle while under the influence of drugs or alcohol but not necessarily driving at the time. So, what is the key distinction between them?
The difference between physical control and a DUI is that you can be arrested for physical control even if the vehicle isn’t moving. In other words, if you are just sitting in the driver’s seat but the keys are in the ignition or even just in your possession while you are impaired, you can be charged. This law is meant to prevent people from becoming a road hazard when in control of their vehicle while they are too intoxicated to drive safely, even if they are not technically driving.
Here are some examples of this to make it easier to understand. Let’s say you are parked in your car while intoxicated. The engine is running, the keys are in the ignition, or the car is in gear. In Everett, this means you can be arrested for physical control. Law enforcement takes these charges seriously because they are working to potentially prevent a dangerous situation from unfolding. The law also applies to those who have been drinking or using drugs in the car but haven’t yet started driving and instead have pulled over to the side of the road.
While the law’s definition of physical control is clear, there can still be some gray areas. This is why law enforcement must establish that the driver can operate the vehicle while under the influence. The court will look at the big picture and all of the circumstances as a whole to determine if the person did have physical control. Other factors will also come into play, such as whether they were on a public road or not, whether the driver had the keys, and whether they were in the driver’s seat.
Defending against physical control charges in Everett requires a good understanding of the law and the facts surrounding your case. An experienced criminal defense attorney can help challenge whether the circumstances fit what is outlined in the law.
Washington Laws Regarding Physical ControlHere are some of the more specific statutes you want to know about physical control charges in Everett, Washington.
All of these statutes clearly define physical control charges and what can happen if you are caught. They emphasize what control over the vehicle means—in motion or stationary—and show you what can happen if you are convicted.
Everett’s Roadways and the Risk of Physical Control ChargesEverett is a popular city well known for its suburban charm and urban amenities. While this all lends to a vibrant community feel, it can also create a somewhat risky environment for those who choose to drive under the influence.
The city’s roadways, including I-5, Broadway Avenue, and the scenic waterfront routes, see tons of traffic, especially during rush hour and on the weekends. With busy roads like this, the risk of coming across an impaired driver is much higher.
The area also has growing dining and entertainment options, making it easy for people to have one too many drinks and think they are safe by simply being parked. Whether it’s someone getting ready to leave a local brewery or someone who decided to take a little rest in their car after their night out, many scenarios can wind up with people in situations that could lead to physical control charges.
In Everett, local authorities are vigilant when it comes to monitoring these potential DUIs and physical control offenses. They actively enforce the law and highlight the importance of making safer choices.
Your Criminal Defense Attorney Has Your BackWhen facing physical control charges in Everett, having an experienced criminal defense attorney by your side can make all the difference. Your attorney understands Washington’s DUI laws and can work to ensure your rights are protected.
Whether you were simply resting in your car or temporarily stopped because of an impairment, your attorney will take a close look at the circumstances of your case and determine if there is a valid defense available.
They will evaluate the evidence, challenge any improper procedures, and advocate for a favorable outcome for your particular case and charges.
We firmly believe that every physical control charge can be successfully challenged. With over 20 years of experience defending people against driving-related offenses throughout Western Washington, our attorneys have the knowledge and skills necessary to handle even the most complex cases.
If you or a loved one is facing a physical control charge, it's essential to consult an experienced criminal defense lawyer. A skilled attorney can analyze the circumstances of your case and explore every possible defense to ensure a favorable outcome.
We will work tirelessly to minimize the impact of the charges and pursue the most favorable resolution for your case.
A physical control charge can often be confusing for individuals. Unlike with a DUI, it does not necessarily involve “driving” but rather being in “physical control” of the vehicle while under the influence. Despite the lack of driving, the State will essentially treat a “physical control” charge just like a DUI. The thinking behind this treatment is that you are one step away from driving, you have been driving but they cannot prove it, or you intended to drive but somehow didn’t – thus, you should be treated as if you actually had been drinking under the influence.
Just like a DUI, a Physical Control charge is a gross misdemeanor, which means the maximum penalty is 364 days in jail and a $5,000 fine. A conviction comes with mandatory jail, fines, court ordered treatment, license suspension, ignition interlock requirement, and probation. If you have had a prior DUI or physical control charge which resulted in a criminal conviction (but not necessarily a conviction of a DUI or Physical Control), you could also be facing stiffer penalties.
A classic example of physical control is when the police find an individual passed out in the driver’s seat of a vehicle with the keys in the ignition. While that person might claim they were simply trying to sleep and sober up, the State will claim you were in physical control of the vehicle while intoxicated. In many instances, that individual intended to drive but passed out before they had a chance to or they had been driving but passed out while doing so.