What is a Washington State Physical Control?
By Diego Vargas | October 2, 2009Under Washington law physical control of a motor vehicle while under the influence is defined by RCW 46.61.504, which states:
(1) 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:
(a) And the person has, within two hours after being in actual physical control of the vehicle, 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) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected by intoxicating liquor 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 does not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(3) 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 being in actual physical control of the vehicle 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 being in such control. 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) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, 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)(b) or (c) 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 C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if: (a) The person has four 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), or (iii) an out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection.
Is Washington state physical control a felony?
Under certain circumstances a Washington state physical control charge is a felony. Otherwise it is a gross misdemeanor. See RCW 46.61.504(5) & (6).
What is the punishment for a Washington state physical control?
A Washington state physical control can be either a felony or gross misdemeanor. If you are charged with a gross misdemeanor then the punishment can be between one day in jail to three hundred and sixty five days in jail. In addition, there is a loss of license, fines, fees, costs, a requirement to get an alcohol or drug evaluation and up to five years of probation. If you are charged with a felony then the punishment can be as little as six months in jail and as much as sixty months in prison. In addition, there is a loss of license, fines, fees, costs, a requirement to get an alcohol or drug evaluation and probation. This is a very serious offense which results in the loss of voting rights and the right to possess a firearm.
To learn more about the implications of a Washington state criminal traffic conviction contact the Seattle Physical Control Attorneys at Fox Bowman Duarte for a free legal consultation.
