Physical Control of a Motor Vehicle While Under the Influence
If you have been arrested for Physical Control in the state of Washington,
you are facing strict sanctions and penalties such as jail time, fines,
and the suspension or revocation your privilege to drive. As a
skilled Physical Control attorney, Luke Baumgarten has the experience and knowledge to guide you through
the entire case, from the initial jail call all the way through trial.
Like DUI, there is a lot more to a Physical Control case than simply whether
you were in actual physical control of a motor vehicle while you were
intoxicated. There are a many legal issues which, if identified by your
attorney, could lead to suppression of evidence, could justify an amendment
to a lower-level offense (like
Reckless Driving, Reckless Endangerment, or
Negligent Driving in the First Degree), or could even lead to a dismissal or acquittal.
Physical Control is defined by
Defenses to Physical Control:
Consuming alcohol after driving: It is an affirmative defense if the defendant proves that it is more likely
than not that he or she consumed a sufficient amount of alcohol after
the time of being in actual physical control of the vehicle and before
taking a breath test to have a BAC of .08 or higher.
Safely off the roadway: It is a defense to a charge of Physical Control if, prior to being pursued
by a law enforcement officer, the defendant had moved his or her vehicle
"safely off the roadway."
Reasonable Doubt: As with any criminal case, the government has the burden of proving each
and every element of the crime beyond a reasonable doubt.
In many respects, Physical Control is very similar to the crime of DUI.
For more detailed information regarding possible penalties and license
visit our DUI page.
If you have been charged with Physical Control, call Baumgarten Law Office
for a free consultation: 509-593-4370.