Understanding DUI and Physical Control Laws in Washington: Key Penalties and Defenses

Facing a DUI or Physical Control charge in Washington State can feel overwhelming. With mandatory penalties like jail time, fines, and license suspension, it’s clear the state takes these offenses seriously. But at Knauss Law, we know that every case is unique, and we believe in finding the best resolution for every client, no matter the charges.

If you’re charged with DUI or Physical Control, your situation might seem dire—but these cases can be fought. Our team of experienced DUI defense attorneys has a history of reducing or dismissing charges for our clients. Let’s break down what you’re facing and how we can help.

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Understanding DUI and Physical Control in Washington State

A DUI charge means law enforcement believes you were driving a vehicle while under the influence of alcohol, drugs, or a combination of both. A Physical Control charge, on the other hand, applies when you’re in control of a vehicle but not driving—like sitting in a parked car with the keys in the ignition.

The key difference? Physical Control includes a unique defense: the “safely off the roadway” defense, which argues that you weren’t posing a danger to yourself or others. This defense doesn’t exist for standard DUI charges.

Washington DUI Law (RCW 46.61.502)

To secure a DUI conviction, the state must prove one of the following:

  • Breath or Blood Alcohol Content (BAC) of 0.08 or Higher: Your BAC was above the legal limit within two hours of driving.
  • Impairment: You were affected by alcohol, drugs, or both while driving, even if your BAC was below 0.08.

For Physical Control charges, the evidence may include similar factors—like BAC tests or observations by law enforcement—but with the added requirement to prove you were in control of the vehicle.

What Evidence Does the State Use?

The prosecution relies on evidence like:

  • Breath or Blood Test Results: These indicate your BAC or THC levels.
  • Officer Observations: Claims of erratic driving, an odor of alcohol, bloodshot eyes, or slurred speech.
  • Field Sobriety Tests (FSTs): Standardized tests to assess coordination and impairment, though these are often unreliable.

If the officer claims you refused testing, they may use this as evidence of guilt, though refusals come with their own set of defenses.

Penalties for DUI and Physical Control in Washington

In most cases, DUI and Physical Control are gross misdemeanors in Washington, carrying serious consequences:

  • Jail Time: Mandatory minimum sentences based on prior offenses or BAC levels.
  • Fines: Substantial financial penalties, including court fees.
  • License Suspension: Losing your driving privileges for at least 90 days.
  • Ignition Interlock Device (IID): Required installation for a minimum of one year.
  • Permanent Criminal Record: DUI and Physical Control convictions cannot be expunged or vacated in Washington.

In some situations, such as having three or more prior offenses within ten years, these charges escalate to a felony, bringing longer prison sentences and greater fines.

The Dual Process: Criminal and Administrative Cases

If you’re charged with DUI or Physical Control, you’re facing two separate battles:

  • 1. Criminal Case: This is prosecuted in district or municipal court, where penalties like jail time and fines are determined.
  • 2. Administrative Hearing: The Department of Licensing (DOL) will handle the potential suspension or revocation of your driver’s license.

It’s critical to request a DOL hearing within seven days of your arrest. Failure to do so means forfeiting your right to challenge the license suspension.

Some DUI and Physical Control Defenses

At Knauss Law, we craft defense strategies tailored to your case. Here are some of the most effective approaches:

  • Challenging the Stop: Did the officer have a valid reason to approach your vehicle? If not, the stop—and all subsequent evidence—could be invalid.
  • Disputing BAC Results: Breathalyzers are prone to error due to improper calibration, operator mistakes, or medical conditions like acid reflux.
  • Questioning Officer Observations: Fatigue, allergies, or anxiety can mimic signs of impairment.
  • Safely Off the Roadway Defense: For Physical Control charges, we argue that you weren’t posing a threat because you had taken responsible steps to avoid driving.
  • Examining Procedural Errors: From mishandled evidence to rights violations, any procedural missteps can weaken the prosecution’s case.

Why Choose Knauss Law?

Washington’s DUI and Physical Control laws are complex, but you don’t have to navigate them alone. Our team of experienced DUI defense attorneys includes former prosecutors who know how the other side thinks—and how to dismantle their case.

We’ve helped countless clients reduce or dismiss their charges, and we’ll do everything possible to secure the best outcome for you.

Act Now

A DUI or Physical Control charge can feel like the end of the road, but with Knauss Law in your corner, you have options. Contact us today to schedule a consultation and take the first step toward reclaiming your future.

The Statute: RCW 46.61.502

WA Driving under the influence.

(1) A person is guilty of driving while under the influence of intoxicating liquor, cannabis, or any drug if the person drives a vehicle within this state:

(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or

(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or

(c) While the person is under the influence of or affected by intoxicating liquor, cannabis, or any drug; or

(d) While the person is under the combined influence of or affected by intoxicating liquor, cannabis, and any drug.

(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.

(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.

(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of cannabis after the time of driving and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.

(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.

(b) Analyses of blood samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by cannabis in violation of subsection (1)(c) or (d) of this section.

(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.

(6) It is a class B felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:

(a) The person has three or more prior offenses within ten years as defined in RCW 46.61.5055; or

(b) The person has ever previously been convicted of:

(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);

(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);

(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or

(iv) A violation of this subsection (6) or RCW 46.61.504(6).