Police car with blue emergency lights at a night traffic stop

SPOKANE, WA · PHYSICAL CONTROL

Physical Control: Charged Without Driving

What is physical control?

GROSS MISDEMEANOR

In Washington, you can be charged with being in “actual physical control” of a vehicle while under the influence even if you were not driving — for example, sitting in a parked car with the keys.

An important defense

Washington law provides a defense if the vehicle was safely off the roadway before the officer arrived. Whether that defense applies depends on exactly where and how the vehicle was parked.

Many people who pull over to sleep it off are surprised to be arrested. These cases often turn on details the police report leaves out.

Chris Bugbee, Spokane DUI attorney

Details Make the Difference

Chris Bugbee looks at the location of the vehicle, the keys, the engine and the timeline to build the strongest defense.

As a former Spokane County prosecutor with 30+ years of criminal law experience and nearly 200 jury cases, he handles your case personally.

WHAT TO KNOW

How physical control cases are defended

Whether the vehicle was safely off the roadway, whether you had real control of it, and what the officer actually observed can all be challenged.

Penalties for physical control are similar to a DUI, so these cases deserve the same careful defense.

If you were parked and not driving, the “safely off the roadway” defense may apply.

THE CHARGE

The State must prove

WHAT WE REVIEW

Key facts

LEARN MORE

Related pages

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The information on this website is general information, not legal advice. Every case is different, and past results do not guarantee a similar outcome. Read the full disclaimer.