Physical Control

When you're intoxicated, you don't always make the best choices, and one of the worst decisions you can make is to get behind the wheel. Most people understand this, which is why physical control charges exist. Physical control charges usually happen because a person was intoxicated but decided to sleep it off in their car.

Now, why is this a problem? It seems like the smart, rational thing to do, and compared to driving while intoxicated (DWI), it certainly is. However, Washington State understands intoxication is tricky, and you are not safe in physical control of a vehicle. You could accidentally turn it on or decide to drive in a blackout moment. It simply isn't safe.

Now, physical control charges are lesser DUI charges you can contest. However, a conviction for physical control is serious and comes with huge penalties. Our Tacoma attorneys know how to fight physical control charges and demonstrate that you were doing the responsible thing. Call us now at our Pierce County law offices for a free consultation.

In Washington State, physical control refers to a situation where you're found in your vehicle while under the influence, even if you haven't driven it. Under RCW 46.61.504, police can charge you with physical control if you are in the driver's seat with the engine running, even if you're not actively driving the vehicle. The law states that if you are in a position to operate the vehicle, you can be arrested for DUI.

• What does it mean to be in "control?” You are in the driver's seat and have the keys in your vehicle's ignition, or the engine was running.
• Is physical control the same as a DUI? While physical control is related to DUI, it carries its own penalties under Washington State law. It means you were in the driver's seat with the ability to drive but weren't necessarily moving the car.
• How does physical control differ from a regular DUI? In a DUI charge, you must have been actively driving the vehicle, while in a physical control case, you only need to be in a position where you could operate the vehicle.

Tacoma residents need to understand that it's not just about whether you're driving. Physical control is about whether you're in control of the vehicle.

In Tacoma, physical control charges can arise in several situations, especially after a night out in popular nightlife districts like Ruston Way or Downtown Tacoma. If you are found in your vehicle after drinking or using drugs, you can still face charges if law enforcement believes you are in control of the vehicle, even if the car is parked. Tacoma Police and Pierce County Sheriff's Department are vigilant in identifying situations that might lead to impaired driving, even if no one is driving the car.

If convicted of physical control under RCW 46.61.504, you could face serious penalties in Pierce County, including:

• A minimum 90-day license suspension under RCW 46.61.5055
• Fines of up to $5,000, depending on the specifics of the case
• Up to 364 days in jail
• You may be required to use an ignition interlock device on your vehicle
• The court may impose probation or community service as part of the sentencing, along with mandatory alcohol or drug treatment programs

If you have physical control charges in Tacoma or Pierce County, you must speak with an experienced DUI attorney. Call us today for a free consultation to discuss your case and explore your legal options.

Our Tacoma-based legal team has been representing Washington State drivers against DUI charges for over 30 years, giving us the know-how and experience to help you fight physical control charges. Our lawyers are always available to answer your most important questions, including:

Pierce County doesn't go easy on DUI cases. Law enforcement from Fife to Fircrest is aggressive, and prosecutors at the Pierce County Prosecutor's Office are trained to push for maximum penalties. If you're arrested under RCW 46.61.504 for "being in actual physical control of a vehicle while under the influence," you can be charged even if you weren't driving. Just sitting in the driver's seat with the keys nearby is enough. We've handled DUI arrests out of Lakewood, Parkland, Spanaway, and all across Tacoma, including busts near the Tacoma Dome Transit Center and stops just outside the Emerald Queen Casino. With 30 years of combined experience, we've earned a reputation inside Pierce County Superior Court for throwing real punches in DUI litigation.

Our legal defense starts with how your case began. Were you pulled over by WSP near the Port of Tacoma? Were you coming off 72nd Street after a night at BJ's or stopped by a University Place patrol car after drinks along Bridgeport Way? We know the routes, officers, and local quirks that affect DUI traffic enforcement and have challenged stop-and-frisk detentions at Wright Park, unlawful probable cause claims made near Thea Foss Waterway, and field sobriety tests administered at Point Ruston. We get into the weeds with RCW 10.31.100, which outlines warrantless arrests and has thrown out cases because the stop didn't meet the legal threshold. We also subpoena dash cam and dispatch logs, especially in cases from high-traffic areas like South Hill, Midland, and the Narrows Bridge corridor. If an officer cuts corners, we'll find it.

Pierce County turns to the same playbook every time. Make you panic, push a plea deal, and try to get a conviction on record. We don't play along. If your DUI arrest came from an event at LeMay America's Car Museum or a night out at McMenamins in downtown Tacoma, our goal is to hit back fast. We've successfully fought cases tied to checkpoint operations near Lincoln District, wrongful stops by JBLM gate security, and flawed breath tests used in Tacoma General Hospital parking areas. Washington State law is strict, but your defense can be stronger. Don't wait. Call us, and let's make sure Tacoma's legal system doesn't walk all over you.

Getting a DUI even if you aren't driving is called "physical control." If you're sitting in your car drunk or high, the police can arrest you. It doesn't matter if the vehicle is turned off. As long as the keys are nearby, you will be in trouble. A guilty conviction can result in losing your license, paying big fines, or even going to jail. That's why you need an attorney. We can help you show that you were doing the right thing and not trying to get a DUI.

If you were charged with physical control in Pierce County, it probably came as a surprise. A lot of people think you have to be driving to get a DUI charge, but that’s not true. Washington law under RCW 46.61.504 makes it a crime to be "in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug." If you were parked at Titlow Beach, waiting in your car outside Tacoma Mall, or pulled over on Jackson Avenue in West Tacoma with the keys nearby and alcohol or drugs in your system, you could be arrested and charged just like a DUI. We've seen these charges come out of North End, Hilltop, Parkland, and even parking lots near Cheney Stadium. Here's exactly what happens next:

1. You're Arrested And Booked Into Jail: Tacoma Police or Pierce County deputies may arrest you at the scene and take you to jail, often at the Puget Sound Corrections Center or Pierce County Jail downtown. Even if you weren't driving, the officer just needs to believe you were in "control" of the car while impaired. Under RCW 46.61.504(1), control means being in a position to operate the vehicle.
2. You're Given A Court Date In Tacoma Municipal Or Pierce County District Court: If your stop happened within Tacoma city limits, say outside McMenamins on South 6th Street or in the Old Town area, you'll likely appear in Tacoma Municipal Court. If you were in unincorporated Pierce County, near Spanaway Lake or off Canyon Road, your case would go through Pierce County District Court. The arraignment is usually your first appearance, where the Pierce County judge reads the charges and sets conditions for release.
3. You Face Immediate License Suspension From The DOL: Even if your case hasn't gone to trial, the Washington Department of Licensing can suspend your license just for being arrested. This falls under RCW 46.20.308, Washington's implied consent law. You only have 7 days from your arrest to request a DOL hearing. If you were stopped near Point Defiance, Tacoma Dome, or Rialto Theater, that deadline still applies.
4. You're Charged with a Gross Misdemeanor: A physical control charge carries the same penalties as a DUI under RCW 46.61.5055, including up to 364 days in jail, fines over $5,000, ignition interlock device requirements, and mandatory alcohol/drug education or treatment. We've defended clients arrested in places like the Proctor District, parking lots outside Fred Meyer on 72nd, and even on the edge of the JBLM boundary line.
5. We Start Building a Defense Immediately: We look for key defenses, like whether you were safely pulled over to "sober up," which is a legal defense under RCW 46.61.504(2): "It is a defense...that the person moved the vehicle safely off the roadway." We request dashcam footage, challenge the breath or blood test under WAC 448-16-020, and file suppression motions if your rights were violated during the arrest.

Whether you are near Wright Park, University Place, or along Marine View Drive, we know the local patterns and the officers.

Physical control charges can sneak up on you, and the consequences are real. This is why you need a team that knows how to hit back early. We've been protecting drivers across Tacoma and Pierce County for decades. Let us fight to keep this charge from taking over your life.

A physical control violation is one of the most misunderstood Washington State drunk driving crimes. A conviction for a Tacoma physical control violation will impose mandatory punishments that are both swift and severe. These penalties may also cause undue hardship on you and your entire family.

A physical control charge has many similarities to a DUI, which can often make it confusing for individuals being charged with this crime. A physical control charge is a DUI except, instead of driving, you are in “physical control” of the vehicle at the time of the intoxication. The ramifications of a physical control conviction are just like a DUI. It is a gross misdemeanor, meaning the maximum penalty is 364 days in jail and a $5,000 fine. A conviction also comes with probation, license suspension, and an ignition interlock requirement.

Being in “physical control” of a vehicle basically means you are about one step away from driving. A common example of a physical control charge is an individual who passed out in the driver’s seat of a car. That individual might claim they were simply trying to sober up prior to driving but the State would argue the person intended on driving and would have were it not for the fact that they were so drunk, they passed out before doing it!

The exact penalties you will face with a physical control conviction are dependent on a variety of factors, just like a DUI. Those include:

• Whether or not you have previously been charged with a DUI or physical control before
• What was your blood alcohol level
• Whether you refused to provide a breath sample
• Whether you under 21 years old

These cases are complex and require serious consideration, so don't hesitate to contact the Tacoma physical control lawyers at the Law Office of Jason S. Newcombe without delay. We will not only ensure that your legal rights are defended, we will also explain in detail all of the punishments you could be facing.

Prosecutors often pursue maximum sentences for people accused of DUI-related crimes, and physical control violations are treated no differently. Get help from our professional Tacoma physical control attorneys, and put our extensive local experience to work for you.

First, we will seek to determine whether your charges can be dropped. Much will depend upon the details of your arrest, and the Tacoma police departments records relative to your case. Sometimes there are circumstances that aid a favorable resolution. If your car was parked safely off of the roadway when it was first noticed by the arresting officer, our Tacoma physical control lawyers can use this to seek a dismissal of the charges.

If your car was inoperable when you were arrested for a physical control violation, we may use this information while preparing our defense strategy. Our Tacoma physical control lawyers will conduct an investigation of your case in order to uncover evidence that can be presented to the prosecutor or used in court.

Start getting reliable answers without risk or obligation. Our Tacoma law office offers a free case evaluation designed to provide you with legal information, and once you have the facts, you can then decide if you would like to put our 30 years of collective legal experience to work for you.

Don't make the mistake of underestimating a Tacoma physical control violation. Contact our law office in Tacoma today and let us help you with your physical control violation.