In Washington State, both DUI (Driving Under the Influence) and Physical Control charges can result in serious penalties. However, understanding the difference between DUI vs Physical Control Washington charges is critical for anyone facing arrest.
At Blanford Law, we help clients fight DUI and physical control charges and navigate the complex legal consequences that follow.
Read the official Washington Physical Control statute here.
What is a DUI in Washington?
A DUI occurs when someone operates a vehicle while impaired by alcohol, drugs, or a combination of substances. Under Washington law, you can be charged with DUI if:
- Your blood alcohol concentration (BAC) is 0.08% or higher.
- You show impairment due to alcohol, marijuana, prescription medications, or illegal drugs.
- Your ability to drive is substantially affected even if your BAC is below 0.08%.
Prosecutors must prove you were driving or operating the vehicle at the time of the offense.
What is a Physical Control Charge in Washington?
Physical Control means being in a position to control a vehicle while impaired, even if you were not actually driving. According to Washington law (RCW 46.61.504), you can be charged with physical control if:
- You are inside the vehicle while under the influence.
- You have access to start or move the vehicle.
- The vehicle is located where it could pose a danger if operated.
For example, sleeping in the driver’s seat with the keys nearby while intoxicated could result in a physical control charge.
DUI vs Physical Control in Washington: Key Differences
While both offenses involve impairment, the key differences between DUI vs Physical Control Washington charges include:
| Feature | DUI | Physical Control |
|---|---|---|
| Vehicle Movement | Must involve actual driving | No actual driving needed |
| Burden of Proof | Must prove operation or movement | Must prove ability to control |
| Common Defenses | No driving observed, improper testing | Safely off the roadway, not operating |
Physical Control charges recognize that the risk of harm exists even if the vehicle was not in motion.
Penalties for DUI and Physical Control Convictions
Both DUI and Physical Control convictions carry severe penalties in Washington, including:
- Fines and court costs
- Jail time
- License suspension
- Mandatory alcohol/drug treatment
- Installation of an ignition interlock device
Although penalties are similar, Washington law allows a limited affirmative defense to physical control charges if the accused proves they were safely off the roadway and posed no danger.
Why You Need an Attorney for DUI or Physical Control Charges
If you face either a DUI or Physical Control charge, having an experienced attorney is critical. At Blanford Law, we examine every detail, challenge unlawful police procedures, and build strong defenses to minimize or dismiss charges.
📧 Email: ken@blanfordlaw.com
🌐 Website: www.blanfordlaw.com
📞 Phone: 253-720-9304
Blanford Law — Fighting for Clients Accused of DUI and Physical Control Violations Across Washington.
Additional Resources
Learn more about DUI laws, criminal defense strategies, and Washington State legal standards with these related articles from Blanford Law:
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