“Physical Control of a Vehicle” in Washington DUI Cases (RCW 46.61.504)
Under Washington criminal law, the phrase “physical control of a motor vehicle while intoxicated” is a violation of the law that has a unique set of elements and penalties apart from DUI charges. This statute, RCW 46.61.504 – Physical Control Of A Motor Vehicle While Intoxicated, is important to understand, which is why we at The Law Offices of Smith & White, PLLC, take the time to ensure that our Tacoma clients are fully aware of what they are facing.
What Does The Law Say?
Under RCW 46.61.504, you can face charges of physically controlling a vehicle while under the influence. A prosecutor would need to show two things beyond a reasonable doubt: (1) you were in actual physical control of your car or another motor vehicle while under the influence of any drug or intoxicating liquor; and (2) within two hours of being in actual physical control of the vehicle, you had an alcohol concentration of .08 or greater, according to breath or blood analysis. Alternatively, the prosecutor would need to show beyond a reasonable doubt that you had a THC concentration of 5.00 or higher. You could also face physical control charges if you were under the combined influence of drugs and alcohol.
How is RCW 46.51.504 (Physical Control) Different from DUI?
In Washington State, the law against driving under the influence (DUI) is found in RCW 46.61.502. However, there is also another law known as “physical control” of a vehicle while under the influence. This law is found in RCW 46.61.504 and it makes it illegal for a person to be in physical control of a vehicle while under the influence of alcohol or drugs.
The key difference between DUI and physical control of a vehicle while under the influence is that the DUI law applies to people who are actually driving a vehicle, while the physical control law applies to people who are in control of a vehicle, but not necessarily driving it. For example, if a person is found passed out in the driver’s seat of a parked car with the keys in the ignition, they can be charged with physical control of a vehicle while under the influence, even if they were not driving the car at the time.
In many ways, it is easier for the prosecutor to prove Physical Control rather than DUI. In order to be convicted of DUI, the prosecution must prove that the defendant was actually driving the vehicle while under the influence. In physical control, the prosecution must prove that the defendant had the potential to operate the vehicle while under the influence.
However, physical control does have a defense of “safely off the roadway.” The defense is based on the idea that if a person is found to be under the influence while “in control” of a vehicle that is safely off the roadway, they should not be convicted. To successfully use the “safely off the roadway” defense, the defendant must show that they were not driving on a roadway or highway at the time they were found to be under the influence. This may include showing that the vehicle was parked on the side of a roadway or highway, but not blocking traffic or creating a danger.
It is also worth noting that, like DUI, physical control also includes a provision known as “implied consent”, meaning that any person who is in physical control of a vehicle in the state is deemed to have given their consent to a chemical test of their breath, blood, or urine if they are arrested for physical control.
Also, like regular DUI, Physical Control also has a provision known as “administrative license suspension” (ALS), which allows the police forward the information to the Department of Licensing (DOL) who will then suspend or revoke the driver’s license. This is a separate process from the criminal court process and it is intended to provide an immediate and effective tool to take dangerous drivers off the road.
In summary, the law of physical control of a vehicle while under the influence in Washington State is different from DUI in that it applies to people who are in control of a vehicle but not necessarily driving it.
Examples
You could be charged with actual physical control under the influence in a range of different circumstances. The statute does not define what “actual physical control” is. You could be found in actual physical control if you were seated in the driver’s seat of a car that ran out of gas. Likewise, you could be found in actual physical control if you grabbed the steering wheel of a vehicle, even for a moment. You could also be found in actual physical control if you sat in the driver’s seat of a parked car with the keys in the ignition. It is important to be aware of these different possibilities because it might be wise to stay in a house or wherever you were when you were drinking or using drugs, or call a rideshare, rather than simply waiting in your parked car along the side of the street to sober up.
Learn What Physical Control Looks Like
You could be charged with actual physical control under the influence in a range of different circumstances. The statute does not define what “actual physical control” is. You could be found in actual physical control if you were seated in the driver’s seat of a car that ran out of gas. Likewise, you could be found in actual physical control if you grabbed the steering wheel of a vehicle, even for a moment. You could also be found in actual physical control if you sat in the driver’s seat of a parked car with the keys in the ignition. It is important to be aware of these different possibilities because it might be wise to stay in a house or wherever you were when you were drinking or using drugs, or call a rideshare, rather than simply waiting in your parked car along the side of the street to sober up.
What Other Crimes Can Be Charged Along With This?
Sometimes people in physical control of a vehicle under the influence face charges related to drugs. For instance, if you had pulled over in order to sober up on your way to sell cocaine to someone, and the police found you with bags of cocaine in the car, you could be charged with a drug crime. Or, if you had a minor present while you were in actual physical control under the influence, you might face child endangerment charges.
We Can Raise Defenses to Fight Against These Charges
In some cases, our attorneys can show that a prosecutor does not have sufficient evidence to establish guilt beyond a reasonable doubt, which is a tough standard. However, we will look closely at your case to determine whether there are also constitutional or procedural violations that could provide us with a basis to get evidence from the stop or a test analysis suppressed. Without key evidence, the prosecutor may be more amenable to striking a deal or bringing charges that carry a lighter sentence.
Additionally, we may be able to raise a defense that you parked your car safely off the road, such that you were not in physical control. We would need to show that you were off the road by a preponderance of the evidence; this means that we would need to prove that it was more likely than not that you were safely off the road. The jury or judge will determine what was safe in terms of being off the road. Certain cities may argue that you were not safely off the road, even if you were legally parked on the side of the road.
Know The Penalties You Are Facing
The penalties for actual physical control under the influence are the same as for DUI. Penalties may be imposed according to your blood alcohol concentration and other factors. More severe penalties are imposed if you have prior convictions. A mandatory minimum sentence of 24 hours of imprisonment is likely to be imposed.
Let Us Help You With Your Drunk Driving Case
At The Law Offices of Smith & White, PLLC, our Tacoma drunk driving defense lawyers provide a strong defense to charges brought under RCW 46.61.504. We answer our phones 24/7 and provide expert legal advice so that you can consider your path forward. Representation with financing is available. Call us at 253-363-8662 or complete our online form.