What the City of Spokane v. Beck Case Teaches About DUI and Physical Control
Washington courts have long held that you don’t have to be driving to be charged with a DUI. The 2006 case City of Spokane v. Beck, decided by the Washington Court of Appeals, clarified what it means to be in “physical control” of a vehicle while under the influence under RCW 46.61.504.
The decision is a powerful reminder that being intoxicated inside a vehicle—even if it’s parked—can still lead to a conviction unless certain statutory defenses apply.
The Facts: Parked, But Still in Trouble
In Beck, the defendant was found intoxicated and asleep in her car, parked at a convenience store. The engine was running. Officers arrested her, and she was charged under Washington’s DUI physical control statute.
The issue wasn’t whether she had been driving, but whether she was in actual physical control of the vehicle while under the influence.
What Is “Physical Control” in Washington DUI Law?
RCW 46.61.504 makes it a crime to be in “actual physical control” of a vehicle while intoxicated. Washington courts interpret this broadly. If you have the ability to operate the vehicle, you’re considered in control—even if the car isn’t moving.
In Beck’s case, the court determined that:
- The car was on.
- She was in the driver’s seat.
- She had the potential to drive away.
That was enough.
The “Safely Off the Roadway” Defense
Washington law provides an affirmative defense if you can prove you moved your vehicle safely off the roadway prior to police contact.
In this case, Beck’s defense argued the car was in a safe parking lot, and thus she wasn’t posing a risk. However, the court ruled that this defense requires more than just being in a parking space. The burden of proof lies with the defendant, and Beck failed to convincingly show that she had proactively moved the car off the roadway before becoming impaired.
Why This Matters: Broad DUI Liability in Washington
This ruling confirms:
- You can be convicted of a DUI even if you never start driving.
- If you “sleep it off” in your car, you might still face charges.
- The law prioritizes potential risk to the public—even if none occurs.
How Blanford Law Can Help
At Blanford Law, we understand the real-world complexities of DUI cases involving physical control. We regularly defend clients charged under RCW 46.61.504, including cases where individuals never actually drove.
Whether you’re:
- Accused of sleeping in your car after a night out,
- Facing your first DUI, or
- Unsure if you qualify for the “safely off the roadway” defense,
We can help. We evaluate every angle, challenge evidence, and push for fair outcomes—including dismissal when appropriate.
👉 Call Blanford Law today to protect your license, your record, and your future.
Additional Resources
- RCW 46.61.504 – Actual Physical Control of Vehicle Under the Influence
- Washington Court of Appeals: City of Spokane v. Beck
- Understanding DUI Law in Washington – Blanford Law
