Physical Control in Seattle

Seattle is famous for its food and beverage scene. From the renowned Seattle Beer Week and the spirited tastings at the Washington Brewers Festival to the sophisticated pairings at the Seattle Wine and Food Experience, there’s no shortage of reasons to enjoy responsibly. With so many opportunities to indulge, it’s easy to see how someone might enjoy a drink or two. In those cases, many people do the responsible thing and rest in their car instead of driving drunk.

Unfortunately, Washington state’s physical control law makes it illegal to have control of a vehicle while impaired, even if you’re parked and sleeping it off. This law often catches people by surprise. They’re trying to do the right thing by not driving, only to find themselves facing serious legal consequences. If you’ve been charged with physical control, it’s important to know that you don’t have to face this alone.

Our Seattle DUI attorneys specialize in defending physical control cases and understand how easily these charges can arise. With over 20 years of experience in local courts, we know how to challenge the evidence and present your actions as responsible rather than reckless. We’ll fight to show the King County courts that you deserve leniency and that this charge shouldn’t define your future.

Getting charged with physical control in Seattle often comes as a surprise, especially when you think you’re doing the responsible thing by not driving. Here are some common scenarios in the city that could lead to a physical control charge:

• You attended a Mariners game at T-Mobile Park and decided to sleep in your car in the parking lot after drinking too much.
• After enjoying wine tastings in Woodinville, you pulled over on Lake Washington Boulevard to sober up but stayed in the driver’s seat with the keys nearby.
• Following a night out in Capitol Hill, you rested in your car on a side street but left the engine running for warmth.
• You parked your car at Golden Gardens Park after attending a beach gathering and were found sitting in the driver’s seat while under the influence.
• You stopped in a lot near Pike Place Market to sober up after a night at a downtown bar but stayed in a position that suggested you could operate the vehicle.
• After attending a Seahawks game at Lumen Field, you decided to rest in your car in a nearby lot, unaware that even sitting in the driver’s seat could lead to charges.
• You pulled over at Kerry Park for the view but had been drinking earlier, and police determined you were in control of the vehicle.

Physical control charges can stem from situations where you’re trying to make the safer choice but unknowingly fall within the law’s definition of control. If you’re facing these charges, our experienced Seattle attorneys can help you fight them and protect your rights. Contact our law offices today for a free consultation.

Physical control charges in Seattle can feel very unfair, especially when you believe you are making the responsible choice by not driving. These charges are unique because they don’t require you to be actively operating the vehicle but rather be in a position to do so while impaired. Here are some defenses we will explore:

• Safe Harbor Defense: If you moved your car to a safe location and were no longer a risk to public safety, you may have an affirmative defense under Washington law.
• Lack of Intent to Operate: Evidence showing you had no intention to drive, such as keys not being in the ignition or stored out of reach, can weaken the prosecution’s argument.
• Vehicle Was Inoperable: If the vehicle was not capable of being driven due to mechanical issues or other factors, this negates the “control” element of the charge.
• Unlawful Stop or Arrest: If law enforcement lacked probable cause to approach or arrest you, any evidence obtained during the stop may be inadmissible in court.
• External Factors for Apparent Impairment: Symptoms like fatigue, medical conditions, or environmental factors could explain behaviors misinterpreted as impairment.
• Flawed Testing Procedures: Blood or breath tests must be administered correctly and calibrated properly. Errors in the testing process can be grounds for dismissal.
• Insufficient Evidence of Control: If there’s no clear evidence showing you were in a position to operate the vehicle—such as not being in the driver’s seat—the charge may not hold.
• Time Discrepancy in Alleged Impairment: If it’s unclear when you consumed alcohol or became impaired relative to being in the vehicle, this can raise doubt about your culpability.
• Mistaken Identity: In situations where multiple occupants are present, it might not be clear who was in control of the vehicle.

Defending against physical control charges requires a detailed understanding of Washington’s laws and Seattle’s local court procedures. Our experienced physical control defense attorneys have over 20 years of defending clients in King County courts, so we know how to craft a defense tailored to your specific circumstances. Contact our Seattle DUI law firm today for a free consultation.

Seattle has one of the best food and beverage scenes in the United States. People come from all over to attend the Seattle International Spirits Awards and Cocktail District at the Seattle Center. For craft beer lovers, the city is home to renowned breweries like Fremont Brewing, Reuben’s Brews, and Optimism Brewing Company, where you can sample innovative ales and lagers. Seattle’s cocktail scene is also amazing, featuring bars like Canon, home to one of the world’s largest spirit collections, and Zig Zag Café, known for its expertly crafted drinks. Wine lovers can explore nearby wineries like Chateau Ste. Michelle in Woodinville, Novelty Hill-Januik Winery, and urban tasting rooms like The Estates Wine Room in Pioneer Square. Events like the Seattle Wine and Food Experience showcase the best of the region’s wine and culinary scene.

Physical control charges often catch people by surprise, but we stand ready to help. We firmly believe that every charge can be challenged. Our Seattle attorneys specializing in this practice area have the expertise and know-how to find that way. Contact our legal team today to discuss how we can help with your case.

A physical control violation is a Seattle drunk driving crime that imposes severe penalties if convicted, and it is one of the most difficult offenses to fully understand. If you are caught driving a vehicle with a blood alcohol content (BAC) of .08 or higher you can be charged with a DUI, but even if you are NOT driving you can still be charged with a physical control violation.

This means that if you are showing signs of intoxication when approached by an officer it doesn’t matter if you are in the passenger seat or the backseat of the vehicle of a parked car, you could still be charged with this serious crime. In some instances a person can be charged with a Seattle physical control violation and not even be inside of the car.

Obviously, these cases are often complex so you should contact one of our Seattle physical control lawyers to ensure your legal rights are acknowledged by the court. Keep in mind that time is a factor, because you only have 20 days after your arrest to request a hearing. If convicted of a physical control violation in Washington Court you will face mandatory punishments that include fines, a driver’s license suspension, and up to 364 days in jail.

Don’t risk getting run over by the prosecution – contact one of our Seattle physical control attorneys and find out how our decades of collective experience can be utilized on your behalf.

In certain instances, a defense can be presented to the court that results in drunk driving charges being dropped. These defense strategies are case specific, so it’s important to speak to one of our qualified Seattle physical control lawyers about the details surrounding your arrest. However, if your vehicle was safely parked off of the road when it was first noticed by the arresting officer, then this could lead to your charges being completely dropped.

If your vehicle was inoperable, then this too could establish a defense that will hold water with the Seattle Court. As a means of preparation, our Seattle physical control lawyers do the necessary legwork and investigation to make sure you are ready before setting foot in court.

You can start getting some answers today by contacting attorney Jason S. Newcombe for a free consultation. You can ask questions and we will provide you with information designed to aid you in making an informed decision about how you would like to handle your physical control case.

Don’t waste another minute – contact us today and find out how we can help.