Physical Control in Bellevue

After a few drinks, you choose to stay in your car and avoid driving while impaired. You may have thought you were doing the responsible thing, hoping to prevent an accident or making a bad decision. However, despite your best intentions, you may now find yourself facing a physical control charge.

In Washington state, simply being behind the wheel while impaired, even if the car is stationary, faces physical control charges. It can be frustrating to think that you were being safe and making the right choice, only to end up on the wrong side of the law. If you're facing a physical control charge, our Bellevue DUI defense attorneys have your back. We'll know how to fight physical control charges in court. Call us now to learn more.

With over 20 years of experience defending your neighbors in Western Washington state, our DUI defense attorneys know the King County Criminal Court system. We're familiar with how King County judges handle physical control cases and what they look for when determining penalties. Count on us to scrutinize breathalyzer results, field sobriety tests, and police reports. Whether negotiating with prosecutors or presenting your case in court, our Bellevue DUI defense attorneys will achieve a possible positive outcome for you.

You were charged with physical control because Bellevue law enforcement likely found you in the driver's seat of a vehicle while impaired by alcohol or drugs. Law enforcement can charge you with physical control if you were:

• Sleeping in the car after drinking, even if your vehicle was parked
• Starting the car but not driving it
• Found in the driver's seat with the keys in the ignition while impaired

Washington state law recognizes that being in control of a vehicle under the influence is dangerous because the impaired person could still pose a risk to themselves or others, even if the vehicle is stationary.

In Washington state, the penalties for physical control convictions depend on whether it's a first or subsequent offense and the circumstances surrounding the charge. For a first DUI offense, the penalties can include up to 1 day in jail, with alternatives such as work release or community service in some cases. You may face fines of up to $5,000, though they are often lower depending on the circumstances. While the Courts may suspend your driver's license for up to 1 year, you may be eligible for a probationary license or an ignition interlock device. Courts may also order probation, which could require you to attend alcohol or drug treatment programs.

For subsequent offenses, the penalties for physical control become more severe. You could face up to 365 days in jail for a second offense, with fines increasing to $5,000 or more. License suspension could extend to 2 years. Plus, the Courts might make you install an ignition interlock device on your car. If there are aggravating factors involved, such as a child passenger, being involved in an accident, or having a high blood alcohol content (BAC), the penalties may be harsher. A conviction for physical control will also result in a criminal record, which can affect future employment and housing opportunities and lead to significantly higher insurance premiums.

You can challenge and reduce the penalties for physical control with a strong defense. Our Bellevue attorneys have several strategies that work in King County Courts. Together, we will explore the following:

• Lack Of Control: The prosecution must prove you were in control of the vehicle. If you weren't intending to drive or the keys weren't within your reach, this can weaken their case.
• No Intoxication: The prosecution must prove you were impaired. If you can show through sobriety tests or other evidence that you weren't under the influence, this is a strong defense.
• Improper Testing: If the officer fails to properly administer sobriety tests or follow protocol, it could undermine the evidence against you.
• No Dangerous Situation: If you were parked safely and had no intention of driving, this may help your defense.
• Sleeping In The Vehicle: If you were just resting or sleeping and not intending to drive, this could be a valid defense under Washington's physical control laws.
• Unlawful Search: If the officer conducted an unlawful search or seizure, any evidence they obtained may be inadmissible.
• Involuntary Impairment: If you unknowingly consumed alcohol or drugs, you may have a defense based on involuntary impairment.
• Duress Or Necessity: If you were forced into the car for safety reasons but didn't intend to drive, this could be a valid defense.
• Medical Condition: If you were impaired due to a medical condition and not alcohol or drugs, this can be a defense if supported by medical evidence.
• Voluntary Surrender: If you voluntarily called for help or turned yourself in, it may show you took steps to avoid danger.

Each physical control case is different, and the defense strategy depends on the facts and evidence. If you are facing charges, work with our experienced Bellevue DUI defense attorneys to protect yourself.

Bellevue is full of great places and activities to enjoy, including local breweries, wine bars, and outdoor festivals. You can stop by Big Block Brewing for a craft beer or unwind with a glass of wine at Purple Café and Wine Bar. If you're into local flavors, The Bellevue Brewing Company offers a fantastic selection of beers, or you can visit Willows Lodge Winery for a unique wine tasting. The city also hosts fun events like the Bellevue Arts Museum's Arts Fair, the Bellevue Farmers Market, and the Bellevue Jazz & Blues Festival. From local parks like Mercer Slough to dining spots like Elliott's Oyster House, there's always a fun time to be had in our city.

You did the responsible thing by not driving while impaired. That's just one of the reasons why we believe every physical control charge should be challenged. With over 20 years of experience and a proven track record of winning cases, we've successfully challenged physical control charges. We can handle your case, too. Call us now to speak to a qualified Bellevue defense attorney who specializes in physical defense.

A physical control violation is one of Washington State's drunk driving crimes, and also of the most misunderstood. A conviction for a Bellevue physical control violation incurs mandatory penalties that may cause lasting repercussions that affect both you, and your entire family.

Driving Under the Influence is described as driving with a blood-alcohol content (BAC) of .08 or higher. With a physical control violation, you don't have to be in the process of driving to be charged with this serious crime, in Bellevue. If you appear intoxicated as a police officer approaches your vehicle, you can be charged whether sitting in the passenger side, or even the backseat. You may even be charged with a Bellevue physical control violation if you were entirely outside of your automobile.

These cases are often quite complicated, so contact the Bellevue physical control lawyers at the Law Office of Jason S. Newcombe and let us help you get a better understanding of the law. We will protect your legal rights from the start, and we will explain the various punishments you could be facing, if convicted.

You only have 20 days after your arrest to request a court hearing. If you're convicted of this crime, you will face mandatory punishments that include expensive fines, possible jail time, and the loss of your driver's license.

Prosecutors routinely pursue maximum sentences for Bellevue motorists charged with DUI-related crimes, and physical control violations certainly apply. Get professional legal assistance from our Bellevue physical control attorneys, and put our extensive experience to work for you.

Your attorney will first want to determine whether your charges can be dropped, but much will depend upon the details of your arrest, and the reports from the Bellevue police department relative to your case. We sometimes uncover evidence that can be used to negotiate a favorable resolution.

Consider that if your car was parked safely off of the road when it was first noticed by the arresting officer; our Bellevue physical control lawyers will use this information to seek dismissal of the charges. If your vehicle was inoperable when you were arrested for a Bellevue physical control violation, this information may prove useful as we prepare your defense. Our Bellevue physical control lawyers will conduct a thorough investigation of your case in an effort to uncover any evidence that can be presented to the prosecutor to confirm your argument.

Get reliable answers about the law without risk or obligation by contacting our law office today. We offer a free case evaluation for Bellevue residents, so you can gather the facts and then decide if you would like to put our more than three decades of collective experience to work for you.

Don't underestimate a Bellevue physical control violation - let us help you with your physical control violation.