Physical Control of a Motor Vehicle

Physical Control of a Motor Vehicle while Intoxicated is a criminal offense that carries the same penalties as Driving Under the Influence. RCW 46.51.504 defines the crime as:

A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state

Physical Control is meant to fill the gap where someone is intoxicate and about to drive and in a position to drive a vehicle, but have not actually driven or driving cannot be proven. Common situations are someone in a parking lot or the side of the road sitting in the driver’s seat or asleep at the wheel with the engine running. Police have charged Physical Control in situations where the engine is not even turned on, but that the intoxicated person was in the driver’s seat. The fact that the car was inoperable is not a defense to the charge.

The punishment for Physical Control is the same as DUI in Washington, which has mandatory minimum jail time, license suspension and ignition interlock.

Safely Off the Roadway

There is a defense to Physical Control, which says that it is not a crime if the person is safely off the roadway prior to being pursued by police. This defense does not exist for a DUI charge. The purpose behind the defense is that the law wants to encourage drivers who are intoxicated to pull over and get off the road. This defense is tricky and must be proven by preponderance of evidence.

Kris Carrasco is an experienced DUI and Physical Control attorney and can provide a strong defense against these charges.

Feb 29, 2024

by GC on Kris Carrasco Attorney at Law

Out of State Restraining Order

I was in a horrible situation where the mother of my son had me arrested on false claims so she could kidnap our son and move to Washington from California. She filed a restraining order when she got to Washington, listing our son as a protected party and claimed I had been abusive to her and him, writing a statement filled with lies and stories going back many years. She went so far as to have her family members, whom had never left Washington submit statements as well. The whole thing was disturbing and as a result I wasn't able to see my son for months. Kris didn't get dragged into arguing the meritless claims she made but instead focused on the actual law. Washington did not have jurisdiction over me and as a result a restraining order was not legal. A temp judge granted the restraining order and Kris made the judge explain on the stand multiple times how Washington had jurisdiction. She could not. He filed a motion for reconsideration shortly after outlining case law and making it clear that the temp judge had made a mistake. A commissioner reviewed and granted the motion for reconsideration. As a result, I was able to be reunited with my son, 102 days later. Kris is an amazing lawyer and I can't thank him enough for what he did for me and my son. Don't hesitate to hire him.