Most people are familiar with the concept of DUIs, but Physical Control Charges are not as well understood. While both can carry serious consequences, the two terms have important differences you need to understand
What is a DUI Charge?
A DUI charge involves operating a motor vehicle while under the influence of alcohol, drugs, or any substance that impairs your ability to drive safely. This includes situations where you are actively driving or in control of a moving vehicle.
Officers typically rely on evidence like erratic driving behavior, field sobriety tests, or breathalyzer results to establish probable cause for arrest.
What is a Physical Control Charge?
Physical Control is different in that it applies when a person is in a vehicle but not actively driving.
This charge focuses on whether you can control the vehicle, such as sitting in the driver’s seat with the keys nearby. Even if the car is parked or turned off, being in control of the vehicle while impaired can result in a Physical Control charge.
Key Differences Between DUI and Physical Control
The primary distinction lies in whether the vehicle was moving. A DUI charge requires evidence of actual driving, while Physical Control focuses on potential control.
Both charges carry similar penalties, including fines, license suspension, and mandatory alcohol education programs.
However, defenses for Physical Control cases may differ, as your attorney might argue that you had no intention of driving or that you took steps to avoid endangering others, such as sleeping in your car.
DUI vs. Physical Control: Why Does This Difference Matter?
Understanding the difference can significantly influence the legal strategy to fight the charge.
For example, suppose you were charged with Physical Control while trying to avoid driving under the influence.
In that case, your Washington DUI attorney can use that fact to negotiate for reduced penalties or even dismissal. This distinction underscores the importance of hiring an attorney to analyze your case and tailor a defense strategy to your situation.
Contact Snohomish Law Group to discuss the details of your case and determine a path forward.
