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Physical Control DUI – Q&A

Written by David O
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Physical Control DUI – Q&A

Physical Control DUI – Questions and Answers

  • Q1. What is a physical control DUI charge?
    • A1. A physical control DUI charge is given to someone that a law enforcement officer believes is under the influence of alcohol or any drug and the person has “actual physical control of a vehicle..”
  • Q2. How is a physical control DUI charge different from a standard DUI charge?
    • A2. In the case of Physical Control DUI, the officer did not observe the person driving prior to starting the investigation.  In the case of the standard DUI, the officer usually observes the person driving prior to initiating a DUI investigation.
      • A Few Examples of Physical Control DUI
        • A law enforcement officer approaches an intoxicated person that is passed out in the drivers seat of istock photo downloaded for physical control DUI blogtheir parked car.  If the officer believes they recently drove their car or they are intending to, the officer could charge that individual with physical control DUI.
        • A law enforcement officer finds an intoxicated person pulled over and parked safely on the side of a highway.  The officer could charge that individual with physical control DUI even though the officer never saw actual driving.
        • A law enforcement officer approaches a person pulled over on the side of the road working on repairing a flat tire.  If the officer believes that person is drunk or under the influence of drugs, they may be arrested and charged with physical control DUI.
      • A Few Examples of (a standard) DUI
        • A law enforcement officer see’s a driver on the freeway  driving erratically and swerving between lanes, they pull the driver over and if they believe they are drunk driving then they will be charged with DUI.
        • A law enforcement officer observes a driver fail to signal while making a turn.  If the officers believes the person is under the influence than they will be charged with DUI.
        • A law enforcement pulls someone over for speeding and the officer believes they are under the influence, they will be charged with DUI.
  • Q3. Are the penalties less harsh for physical control DUI when compared to a standard DUI?
    • A3. The penalties for physical control DUI and DUI are the same.  If you plead guilty to physical control DUI or if you are found guilty at trial you will be subjected to the same penalties as those guilty of DUI.
  • Q4. Are there any defenses for a person charged with physical control DUI?
    • A4. Yes, there are two defenses. The first defense is proving that the person was “safely off the roadway” and the second defense is to prove the consumption of alcohol or drugs occurred after driving.

If you have charged with physical control DUI, give our experience defense attorneys a call, (206) 459-6392, to schedule a free, no obligation consultation where you can discuss the details of your case.

 

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Increased DUI and BUI Patrols for the 4th of July Weekend

Written by David O
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Increased DUI and BUI Patrols for the 4th of July Weekend

The 4th of July is just days away and since it falls on a Monday this year, many will have a three-day weekend, hurray!  Talk about a fun holiday; backyard BBQ’s, parades, community gatherings, and of course fireworks.  It’s a great way to remember that back on July 4th, 1776 the Continental Congress adopted the Declaration of Independence and declared the United States a new and free nation.

Independence Day typography card. Vector illustration

However, with all this 4th of July summer fun, comes increased drinking and driving, so expect to see a greater presence of law enforcement officers watching the roadways and waterways for DUI’s and BUI’s (driving under the influence and boating under the influence), in efforts to keep all people safe.

Starting today, June 30th, city police and county sheriffs will increase their DUI patrol units.  The increase in law enforcement will continue through the holiday weekend and will start to taper off mid day Tuesday, July 5th.

And for those celebrating the 4th out on a boat in the Seattle waterways, be aware that the coast guard and Seattle police will be out in full force patrolling for possible BUI’s.  Remember that it is illegal to drink alcohol while operating a boat.

Here’s what you can do to prevent DUI’s and BUI’s this Independence Day weekend;
  • The simplest solution to avoid a DUI and BUI is to not drink any type of alcohol or partake in any type of drug use.
  • Designate a sober driver; someone who does not consume any alcohol or drugs through out the entire day.
  • If you are a designated driver or a sober driver, be a good defensive driver and be aware there could be an intoxicated driver on the road.
  • If you do decide to drink, don’t drive and take advantage of all the great public transportation options; taxi, buses, Uber, Rideshare, etc.
  • If you see a friend or family member under the influence that wants to drive, try to get their car keys and suggest an alternative way for them to get home safely.  See our blog, “How You can Prevent a DUI – Tips on getting the Car Keys” for helpful hits.

 

Happy 4th of July from David O Defense!  Stay safe this Independence Day and make smart decisions.

 

BUI / Boating Under the Influence, DUI / Drunk Driving / DWI, Legal Blog, , , , , , , , , , , , , ,

Expect Increased DUI Patrolling during the 4th of July Weekend!

Written by David O
Expect Increased DUI Patrolling during the 4th of July Weekend!

The 4th of July is upon us, which is all fun and fireworks!  However, one should proceed with caution because it is also a holiday when law enforcement agencies tend to ramp up their number of patrol units in efforts to deter DUI (Driving Under the Influence) or BUI (Boating Under the Influence).

buzzed driving and the 4th of July don't mixYou should expect to see police patrolling major Independence Day hot spots, such as the Seafair Summer Fourth at Gas Works Park in Seattle and also around downtown Bellevue where the masses will be gathering for the Bellevue Family Fourth.

Freeways and highways will have increased troopers, the Washington State Patrol strategically places troopers along the I5 corridor during the entire 4th of July weekend.

Additionally, the Coast Guard and other law enforcement agencies may be seen in greater numbers out on the waterways during the 4th, checking boats for anyone operating a vessel under the influence of alcohol and /or drugs.  Remember, it’s not only the captain of a boat that is at risk for BUI, but it is anyone who is operating the boat that is under the influence of a substance that is at risk for a BUI charge.

The NHTSA, National Highway Traffic Safety Administration, recently released their campaign of “Buzzed driving and July 4th don’t mix” which actually is good advice for all 4th of Julyers, due to the fact that more often than not law enforcement officers will arrest an individual for DUI or BUI even if their BAC level is below Washington State’s legal drinking limit of 0.08.

Be safe while having fun, Happy 4th of July from the staff and DUI defense attorneys at David O Defense!

 

Written by Sarah Ann

 

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