Can You be Charged with a DUI in Washington if You Weren’t Even Driving?

Can You Be Charged with a DUI in Washington if You Weren’t Even Driving?

You pulled over to do the right thing. Maybe you were halfway home when it hit you—you shouldn’t be driving. You stopped, parked, and decided to sleep it off. You weren’t weaving down the road. You weren’t pulled over for erratic driving. You chose caution. So why are you now facing DUI charges in Tacoma or Pierce County?

Because Washington law has a separate charge for exactly this scenario: Physical Control of a Vehicle While Under the Influence. And the consequences can be just as severe as a traditional DUI.

What Is “Physical Control” Under Washington Law?

Washington Revised Code RCW 46.61.504 defines physical control as being in a position to easily operate a vehicle while under the influence of alcohol or drugs. You do not have to be driving. If you are in the driver’s seat, have access to the keys, and are impaired, you could be charged.

In other words, if law enforcement believes you were in a position to start the car and drive, you could be arrested—even if your engine was off and you were asleep.

Why Would the State Charge This Instead of DUI?

From the state’s perspective, the goal is prevention. Washington lawmakers want to discourage people from getting behind the wheel at all while impaired. That includes being behind the wheel and parked.

This approach has good intentions. It aims to prevent someone from waking up and driving while still intoxicated. But it can also sweep up people who genuinely intended to avoid danger.

What Are the Penalties for Physical Control Charges?

In Washington, physical control carries the same penalties as a DUI:

Up to 364 days in jail
A $5,000 fine
Mandatory license suspension
Possible ignition interlock device installation
Alcohol or drug treatment

That’s why it’s just as critical to take these charges seriously. At Smith & White, we defend both DUI and physical control cases across Tacoma and Pierce County.

Is There a Defense If You Were Doing the Right Thing?

Yes. One of the key defenses built into the law is the “safely off the roadway” exception.

If you were parked in a place that posed no danger to others—such as a private driveway or a commercial parking lot—you may be exempt from prosecution. The idea is that you weren’t a threat to public safety, and the law wants to allow for that.

Ask Yourself:

Were you on private property or a side street?
Was your engine off?
Were your keys out of the ignition?
Were you truly trying to avoid danger?

The more of these that apply, the stronger your defense.

What If the Officer Disagrees About What Counts as “Safe”?

Unfortunately, some officers take a narrow view. In one case, an officer stated there was no such thing as “safely off the roadway” unless you were in your own driveway. That is not what the law says. But if an officer testifies that your parking spot was unsafe, that can be used against you.

The key is this: the jury decides. Not the officer.

Your defense attorney will push back against overreach and present the full context. For instance, we’ve handled cases where people were parked off a highway shoulder, in business lots, or on quiet residential streets. In many of those, we’ve successfully argued for dismissal or reduction.

Hypothetical Examples Based on Real Cases in Tacoma and Pierce County

The following scenarios are fictional but reflect situations similar to those our firm has successfully handled:

Scenario 1: Parked at a Rest Stop

A JBLM service member pulls over at a rest stop on I-5 and falls asleep in the driver’s seat. Though the keys are in his lap and the engine is off, an officer knocks on the window and ultimately arrests him. In a similar real-world case, we successfully argued that our client was safely off the roadway and not in control of the vehicle.

Scenario 2: Late-Night Fast Food Lot

A Tacoma resident pulls into a Taco Bell lot on 6th Ave after realizing she shouldn’t be driving. She shuts off her engine, puts her keys in her purse, and leans her seat back. An officer claims she is still in physical control. We have helped clients in comparable situations get their charges reduced by showing clear evidence of their intent to avoid driving.

Scenario 3: Quiet Park Area

Someone parks at Point Defiance to sleep it off. They are arrested despite parking well off the road and making no attempt to drive. In similar past cases, we challenged the state’s claim of physical control by highlighting the remoteness and safety of the parking location.

Physical Control vs. DUI vs. Reckless Driving

These charges may look similar, but there are key differences:

DUI: You were actively driving under the influence.
Physical Control: You weren’t driving but were in a position to do so.
Reckless Driving: Often negotiated as a reduction; involves operating a vehicle with disregard for safety.

Reckless driving is a common resolution in physical control cases, especially for first-time offenders or cases with strong mitigating facts.

What About Your License?

Even if you weren’t driving, your arrest can trigger a separate process with the Department of Licensing (DOL).

You have only 7 days to request a DOL hearing after a physical control arrest.
If you miss that window or lose the hearing, your license will be automatically suspended.
A defense attorney can challenge the legality of the stop, the evidence, or your level of control at the time.

This is a civil process, but it can have huge consequences for your job, insurance, and freedom to drive.

Impacts for CDL Holders, Military, and Professionals

A physical control conviction can be devastating for:

Commercial drivers (CDL) — A conviction is treated the same as DUI and can result in disqualification.
Military personnel — Charges can affect deployment, promotion, and security clearance.
Professionals — Doctors, nurses, teachers, and others may face professional consequences if convicted.

This is not just about the fine—it’s about your record, reputation, and ability to work.

Are There Options for First-Time Offenders?

Yes. We often help clients explore these alternatives:

Reduction to Reckless Driving if the facts are weak for the prosecution.
Deferred prosecution (especially if substance abuse treatment is needed)
Pretrial motions for dismissal if the stop was unlawful.

Every case depends on its facts, but many people charged with physical control do not end up convicted of it. Your attorney’s strategy makes all the difference.

Could the Stop Itself Be Illegal?

Yes. If you weren’t driving, the officer needs a legitimate reason to approach your vehicle. If there was no traffic violation, what prompted the stop? An unlawful stop can result in the suppression of evidence and possible dismissal of the charge.

We Fight for the People Who Tried to Do the Right Thing

Smith & White has represented many people charged with physical control who genuinely believed they were making the safest choice. The law doesn’t always reward that—but we work hard to make sure your story is told.

Every case is unique. Were you parked safely? Was your car off? Was the stop legal? Were you really in control of the vehicle? These are the questions we explore.

Call Us for a Free Consultation

Facing DUI or physical control charges in Pierce County? Don’t navigate the system alone. Call Smith & White today—we’ll talk through your case for free and help you take the next step forward.