DUI Physical Control
In Washington state you can receive a DUI charge for being in a car while intoxicated, even if you are not driving the vehicle. This is because of physical control laws, which state that drivers cannot be in control of a vehicle while under the influence – even if it is not moving.
What Does Physical Control Mean?
Under Washington law, you can receive the same penalties for being in physical control of a vehicle while intoxicated as you do for driving a vehicle while intoxicated. If you are under the influence, inside of a vehicle, and could begin driving at any point, you could receive a physical control charge, even if you do not intend to begin driving.
There are many situations where police officers could charge you with being in physical control of a vehicle, including the following.
- You are a passenger in the car, and you assume control by moving to the driver’s seat or touching the steering wheel.
- You are sitting in your vehicle with your keys in the ignition.
- Your car broke down or ran out of gas, and you are sitting in it in the side of the road.
- You decide to sleep in your car overnight.
- You decide to enter your vehicle to sober up after a night out.
BAC Thresholds for DUI And Physical Control
To determine if you are under the influence, police officers will administer a breath or blood alcohol concentration (BAC) test. If your BAC meets or exceeds the thresholds that the law sets, you could receive a physical control or DUI charge. If you refuse to take a BAC test, you could receive additional penalties.
You must be under the influence of alcohol, drugs, marijuana, or a combination of any of these substances for police to charge you with DUI or physical control.
Police use the following BAC thresholds to charge you with a DUI.
- You have a BAC of .08% or higher.
- You have a THC concentration of 5.00 or higher.
They use the following BAC thresholds to charge you with physical control.
- You have a BAC of .08% or higher within 2 hours of being in physical control of your vehicle.
- You have a THC concentration of 5.00 or higher within 2 hours of being in physical control.
Penalties for Physical Control versus DUI
In the state of Washington, physical control is a gross misdemeanor charge. You will receive the same criminal and administrative penalties for physical control as you would for a DUI, including jail time, fines, driver’s license suspensions, probation, and more. The specific penalties you will receive depends on the circumstances of your case.
If you are facing criminal charges, it is crucial to have effective representation immediately. An alleged DUI charge does not mean Guilty! Even if you think the facts of the case aren’t in your favor, having the best possible criminal representation can be the difference between jail time and probation, or having your record destroyed with an avoidable felony or misdemeanor conviction. At Snohomish Law, our criminal defense attorneys give you time and attention, to ensure you are treated fairly under the criminal justice system.
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