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 their 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.