DUI Physical Control Washington: State v. Reid and the Safely Off the Roadway Defense
DUI Physical Control Washington: Legal Background Washington law allows DUI charges even when you're not driving. Under RCW 46.61.504, being in physical control of a vehicle while under the influence is enough to be charged. But there’s an important legal safeguard: the “safely off the roadway” defense. This defense applies if you parked your vehicle in a safe place before police arrived. In the case of State v. Reid, the Washington Supreme Court clarified how and when this defense applies. State v. Reid: Defining the Limits of the Defense In Reid, the defendant was found sleeping inside a parked car in a private lot while intoxicated. He claimed his car was “safely off the roadway,” but the Court disagreed. The Washington Supreme Court ruled: The defense under RCW 46.61.504(2) isn’t automatic. Being on private property doesn’t guarantee protection. The burden of proof is on the defendant to show they moved the vehicle safely off the roadway, before any police interaction. This case reinforces the complexity of DUI physical control Washington law. When Can You Claim "Safely Off the Roadway"? ✅ You Must Act Voluntarily You must move the vehicle yourself, not just be parked somewhere convenient or random. ✅ It Must Happen Before Police Contact If you only pulled over after seeing flashing lights, it’s likely too late to claim this defense. ✅ The Area Must Be Safe Private lots, parking lanes, and shoulder areas are not automatically safe zones. Your chosen location must clearly reduce danger to yourself and others. Blanford Law: Experienced in DUI Physical Control Washington Defense At Blanford Law, we defend DUI physical control charges across Washington. If you parked somewhere to avoid driving drunk, we can help you prove you met the legal standard for the safely off the roadway defense. We will: Analyze your case under State v. Reid and related rulings...
Washington DUI Safely Off the Roadway: Lessons from State v. Lively
Parked Isn’t Always Safe: State v. Lively and Washington’s DUI Law Can you be convicted of DUI in Washington even if you weren’t driving? Yes—and the Washington DUI safely off the roadway defense may be your only shield. In State v. Lively, 130 Wn.2d 1 (1996), the Washington Supreme Court analyzed this critical issue under RCW 46.61.504. The case helps define what “safely off the roadway” really means in a DUI physical control case. What Happened in State v. Lively Amy Lively was found in her parked car, intoxicated. The vehicle was not on a highway but located in a private lot. Law enforcement arrested her for being in “physical control” of a motor vehicle while under the influence—a violation of Washington DUI law under RCW 46.61.504. She argued that she should be protected under the safely off the roadway DUI defense. The question before the court was whether her location and behavior met the legal threshold to invoke that defense. What Does “Safely Off the Roadway” Mean in Washington DUI Law? RCW 46.61.504 allows a person to raise an affirmative defense to DUI if they were in physical control of a vehicle but had moved it safely off the roadway. In Lively, the Washington Supreme Court clarified: The burden of proof is on the defendant. You must prove, by a preponderance of the evidence, that you voluntarily moved the vehicle to a safe location. A parking lot is not automatically safe. The court emphasized that being out of traffic lanes is not enough—context matters. The law focuses on risk to the public, not just where the car is parked. The court found that Lively had not conclusively demonstrated she had proactively taken herself out of danger to others. As a result, her Washington DUI safely off the roadway defense failed. Legal Takeaways from Lively for DUI Physical Control Charges This case sends a clear message: Intent matters. If you were sleeping in your car but didn't actively remove yourself from the road, you may still face charges. Location matters. Not all parking lots or driveways are considered “safe” under the law....
Washington DUI Physical Control: Spokane v. Beck and RCW 46.61.504
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....
State v. Edgar DUI Washington – Affirmative Defense Succeeds
In the case of State v. Edgar DUI Washington, the Washington Court of Appeals overturned a felony DUI conviction after determining that the defendant had successfully proven the “safely off the roadway” affirmative defense under RCW 46.61.504. This important ruling highlights when Washington drivers may legally avoid a DUI conviction if they remove themselves from the roadway to prevent danger. Background of State v. Edgar Kevin Ray Edgar was arrested in Ellensburg, Washington, in the early morning hours of August 16, 2018. After drinking, he parked his vehicle at a large gas station parking lot, moving it roughly 20 feet away from the pumps to a location not obstructing traffic. He then fell asleep in the truck with the engine running. Law enforcement found him in this state and arrested him for physical control of a vehicle while under the influence, a felony because of his prior DUI-related conviction. Edgar argued at trial that he had taken responsible action by removing himself from the road. RCW 46.61.504 – Safely Off the Roadway Defense Washington law under RCW 46.61.504 allows a driver to avoid a DUI or physical control conviction if they can show that they were safely off the roadway. This is an affirmative defense, meaning the burden is on the defendant to prove, by a preponderance of the evidence, that they were not endangering others. Court’s Analysis and Ruling in State v. Edgar The appellate court in State v. Edgar DUI Washington focused on several key facts: Vehicle Location: Edgar was parked in a five-acre parking lot, not blocking any traffic. Intent: He had intentionally stopped driving to avoid risk due to his intoxication. Safety Factors: Although the engine was running, the vehicle was stationary and posed no immediate hazard. The court concluded that the jury lacked sufficient grounds to reject Edgar’s affirmative defense. The conviction was overturned and dismissed with prejudice, meaning Edgar could not be retried on the same charge. What State v. Edgar Means for DUI Law in Washington The State v. Edgar DUI Washington ruling confirms that courts will uphold the “safely off the roadway” defense when supported by facts. It sends a clear message that: Taking responsible action when intoxicated may be legally defensible Drivers are encouraged to remove themselves from danger rather than continue driving...
DUI Checkpoints Kittitas County – Know Your Rights in Ellensburg, Roslyn & Cle Elum
Drivers in Kittitas County, including Ellensburg, Roslyn, and Cle Elum, often ask whether DUI checkpoints are legal in Washington State. The answer is important: DUI checkpoints are not allowed in...
Ellensburg DUI Checkpoints: Know Your Rights
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South Cle Elum DUI Checkpoints: Know Your Rights
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Cle Elum DUI Checkpoints: What You Need to Know
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Roslyn DUI Checkpoints: What You Need to Know
Are DUI Checkpoints Legal in Washington State? In Washington State, DUI checkpoints—also known as sobriety checkpoints—are not legal. The Washington Supreme Court's decision in Seattle v. Mesiani (1988)...
DUI vs Physical Control in Washington: Key Differences Explained
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...