Physical Control of Vehicle While Under the Influence
Lynnwood DUI Attorney
Under Washington's strict
DUI laws, a driver may be found guilty of drunk driving if he or she was found
to be in "actual physical control" of a vehicle while under
the influence of alcohol or
drugs. This may be considered an included offense, related to DUI, but is actually
slightly different than a "driving" under the influence offense.
A person may be considered to be in actual physical control of a vehicle
even if the vehicle is not moving or currently being driven. Sitting in
the driver seat with the keys in the ignition may be sufficient evidence
that the driver was in actual physical control of the vehicle.
Although the particular definition and how it applies to your case may
vary depending on the unique circumstances, as long as the driver was
in a position where he or she would be able to readily exercise control
over the vehicle, this may apply. DUI cases that involve a question of
whether a driver was in actual physical control can be particularly tricky,
as this area of the law is somewhat open to interpretation. Having a competent
Lynnwood criminal lawyer to protect your legal rights may make all the
Charges for Actual Physical Control in Lynnwood
Under RCW 46.61.504, a driver may face a gross misdemeanor conviction if
he or she is found to have been in "actual physical control"
of a motor vehicle while under the influence of alcohol or a controlled
substance, in the following circumstances:
If the defendant has a blood alcohol concentration of .08% or greater within
2 hours of being in actual physical control of the vehicle, as proven
by a valid
breath test or blood test; or
- If the defendant, while in actual physical control, was under the influence
of alcohol, drugs or any combination of these.
This offense may be charged as a gross misdemeanor, punishable by up to
1 year in jail and a fine of up to $5,000.
Looking for an attorney for your DUI case in Lynnwood, WA?
Contact a Lynnwood DUI lawyer at our law offices today to discuss your case. We help clients throughout
all of Washington.