Physical Control? A DUI without the Driving

Posted Tuesday, September 12, 2017 by Andrew Charles Huff

Picture this scenario…You have been out with friends one night and enjoyed a couple of alcoholic beverages. You start to drive home but along the way it hits you that you have consumed a bit too much alcohol and probably shouldn’t be driving. So you do the right thing and pull over to the side of the road with the intention of sleeping for an hour or two. But after a police officer contacts you, you are placed under arrest for…Physical Control.

Specifically, a “Physical Control” charge is defined by RCW 46.61.504 as being in actual “physical control of a motor vehicle with a breath alcohol concentration of .08, a marijuana amount of 5 nanograms, simply under the influence or any combination.

Many clients ask me why it can be illegal to sit in your car while under the influence but not actually driving. The key here and what really makes this a crime is the “control” you have over your vehicle at that moment. In other words, if you are able to place your car in drive and exert actual control at any time and take off, this is considered a crime.

However, the law allows someone to take this specific action, i.e. pull over to the side of the road and not drive, as a defense to the crime of Physical Control. But the key here is literally “the key.” You need to remove your key from the ignition and place it somewhere not very accessible, such as in your glove box or the backseat. Otherwise, with your key in the ignition, you could find yourself in “physical control” of a vehicle while under the influence.