Physical Control in Federal Way

You thought you were doing the right thing. You knew you were too intoxicated to drive, so you pulled over to sober up. Then suddenly, Federal Way law enforcement is knocking on your window, and now you face physical control charges.

Physical control is a controversial charge. As in most cases, it was because the person was trying to do the right thing. Unfortunately, because physical control is a DUI charge, the penalties can be severe. We don't think it is fair for our neighbors to face charges for doing the right thing. That is why our Federal Way driver defense attorneys are ready to fight for you.

Why Did I Get Charged With Physical Control?

In Washington state, being charged with "physical control" of a vehicle under the influence usually happens when you're found in the driver's seat of a vehicle while under the influence of alcohol or drugs. You can face physical control charges even if the vehicle isn't moving. Here are some scenarios where Federal Way law enforcement charged our clients with physical control:

• If you are found in the driver's seat of the vehicle with access to the ignition, even if you're not actually driving, you can be charged.
• If the keys are in the ignition, in your hand, or even nearby, where you could easily start the vehicle, it suggests control over the vehicle.
• Signs that you may have recently driven the vehicle while under the influence, such as witness observations or vehicle location inconsistent with sober driving, can also lead to this charge.
• If a breathalyzer, blood test, or field sobriety test indicates that you are over Washington state's legal limit for alcohol or impaired by drugs, you can be charged, even if the vehicle was parked.

The rationale behind physical control charges is to deter individuals who are intoxicated from even beginning to operate a vehicle, thus preventing potential accidents before they happen. If you are charged with physical control, retain our defense attorneys in Federal Way. As your legal team, we will clarify the circumstances of the charge and fight for a favorable outcome for your case.

What Factors Do King County Courts Consider In Physical Control Cases?

When dealing with physical control cases in King County, courts consider several factors to determine the severity of the charge and the appropriate penalties. These factors help them assess the potential risk posed by the defendant and the circumstances surrounding the arrest. Here are some key factors that King County courts typically take into account:

1. Level Of Intoxication: The court will look at how impaired you were at the time of the arrest. This is often determined by blood alcohol content (BAC) levels from breathalyzers or blood tests. The higher the BAC, the more severely the court may view the offense.
2. Location Of Your Vehicle: Where the vehicle was found plays a significant role. For instance, if the vehicle was parked safely in a legal parking spot versus being stopped on the side of a busy highway, the court might view the latter as more dangerous and reckless.
3. Possession Of Your Vehicle Keys: Whether the keys were in the ignition, in your possession, or somewhere else in the vehicle can influence the court's decision. Having the keys in the ignition might suggest a higher likelihood of intent to drive.
4. Previous DUI/Physical Control Convictions: If you have prior convictions for DUI or physical control, the courts will likely consider you a repeat offender and may impose harsher penalties.
5. Witness Testimony: Statements from witnesses, including police officers and bystanders, about your behavior and interaction can affect the case. For example, if witnesses can testify that you attempted to drive before being apprehended, it could negatively impact your case.
6. Your Conduct And Cooperation: How you behaved during the arrest, including whether you were cooperative or combative with law enforcement, can also influence the court's perception and, ultimately, the sentencing.
7. Evidence Of Intent To Drive: Any indications that you were planning to drive or had driven recently before being found can be critical. For example, if the vehicle's engine was warm or if there was testimony that you had been seen driving earlier, these could be used against you.

As your physical control defense attorneys, we would analyze the specifics of your case against these considerations to build a strong defense.

Can I Fight Physical Control Charges In Court?

Fighting physical control charges in the Federal Way requires a strategic defense. Here are several that we might consider when handling your case:

1. Lack of Control: We can argue that you didn't have actual control of the vehicle if, for instance, the keys weren't in the ignition, weren't nearby, or if you weren't seated in the driver's position.
2. Off-Road Parking Defense: Under Washington state law, if you moved the vehicle safely off the road before becoming intoxicated or pulled over once you felt impaired, this action can serve as a legal defense.
3. Involuntary Intoxication: If you were unknowingly drugged, we can argue that your lack of awareness negates the intent needed for physical control charges.
4. No Intent to Drive: Demonstrating that you had no plans to drive—perhaps you were waiting for a ride or intended to sleep in the car—strengthens the argument that you posed no risk of operating the vehicle while intoxicated.
5. Medical Condition: If symptoms of a medical condition could be mistaken for signs of intoxication, presenting medical evidence that your appearance or behavior was due to a health issue, not substance use, could weaken the prosecution's case.
6. Faulty Breathalyzer Test or Field Sobriety Test: If the breathalyzer was inaccurate or the sobriety tests were improperly conducted, we can challenge the reliability of the evidence pointing to your intoxication.

As your Federal Way defense attorneys, we meticulously review every aspect of your case, from the location and condition of the vehicle to the details of your interaction with law enforcement, to build a robust defense.

Our Local Federal Way Defense Attorneys Are On Your Side

Federal Way is a fun town with so much to offer. You can explore amazing local breweries like the Twin Rivers Brewing Company, the 7 Seas Brewing, and the Big Al Brewing. There's also a great wine scene with spots like the wine bar, local vineyards, and wine-tasting events throughout the year. With festivals like the Federal Way Farmers Market, the Annual Red, White, and Blues Festival, and the popular Summer Concert Series, there's always something to enjoy. Unfortunately, with all this fun, it is easy to overindulge. However, we understand if you were just trying to do the right thing. That's why we believe every physical control charge can be challenged. Call us now for a robust defense, and we'll fight these unfair charges.

Our Federal Way Physical Control Lawyers Will Help You Fight This Confusing Charge

A physical control violation is one of Washington's most serious drunk driving crimes. It is also one of the most misunderstood. A Federal Way physical control violation conviction incurs mandatory penalties that will affect both you, and possibly your entire family.

Driving Under the Influence(DUI) is described as operating a motor vehicle with a blood-alcohol content (BAC) of .08 or higher. A physical control violation is different because you don't have to be in the process of driving a vehicle to be charged with this crime. If you appear intoxicated as a police officer approaches your parked vehicle, whether sitting in the passenger side or even the backseat, you can be charged with this crime. You can even be charged with a Federal Way physical control violation if you were sitting or standing entirely outside of your vehicle.

These cases can be complicated and require an in-depth knowledge of the law, so contact the Federal Way physical control attorneys at the Law Office of Jason S. Newcombe to get a better understanding of your charges. We will fight aggressively to defend your legal interests, and will explain the various punishments you could be facing in detail.

With 20 days after your arrest to request a court hearing, there is no time to lose. If convicted, you will face mandatory punishments that include jail time, fines, and the loss of your driver's license.

Prosecutors usually pursue maximum sentences for Federal Way motorists charged with DUI-related crimes, so get professional legal assistance from our Federal Way physical control lawyers, and put our experience to work for you.

What Can Our Federal Way Physical Control Lawyers Do To Resolve Your Case?

Your lawyer will determine whether your charges can be dropped, but whether this proves possible will depend upon the details of your arrest, and the incident reports from the Federal Way police department. Sometimes we are able uncover evidence that can be used to negotiate a favorable resolution, and there are times when we have to take a case to court.

If your car was parked safely off of the road when it was first noticed by the police; our Federal Way physical control attorneys will use this information to pursue the dismissal of your charges. If your vehicle was not operational when you were arrested for a Federal Way physical control violation, we may use this information for your defense. Our Federal Way physical control attorneys will thoroughly investigate your case and prepare a defense that can be presented to the prosecutor and court.

Get reliable information about Washington DUI law without risk or obligation by contacting our legal team today. We offer a free consultation for motorists residing in Federal Way, so you can freely decide whether to put our more than three decades of collective experience to work for you.