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
- Collect proof of your voluntary actions
- Fight for dismissal or reduction of charges under RCW 46.61.504
📞 Schedule your free consultation
Helpful Legal Resources
Washington DUI Defense – Blanford Law
RCW 46.61.504 – Physical Control Statute
