DUI & Physical Control Criminal Charge

Washington State DUI Law

DUI – The Criminal Charge

There are two different ways for a prosecutor to prove a charge of DUI:

1. Under the Influence – Although many people refer to DUI as "drunk driving," that is not accurate. The prosecutor does not have to prove the person charged was falling down drunk or unable to stand. Instead, the prosecutor only needs to prove the driver's ability to drive was affected in an appreciable degree. The charge can also be proved if the prosecutor is able to show the ability to drive was affected by drugs or a combination of drugs and alcohol.

2. Over .08 – If the driver has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the driver's breath or blood.

Defenses: It may be possible to show the machine used to perform the analysis was not accurate. More commonly, it may be possible to show error by the officer operating the machine. It may also be possible to suppress evidence if the officer did not have good cause to initiate a traffic stop. This could result in suppression of the evidence gathered from the machine.

PHYSICAL CONTROL – The Criminal Charge

Just like a DUI, there are two ways a prosecutor can prove a charge of Physical Control:

1. Under the Influence – The person's ability to drive was affected in an appreciable degree and the driver had "actual physical control" of a motor vehicle. The charge can also be proved if the prosecutor is able to prove the ability to drive was affected by drugs or a combination of drugs and alcohol.

2. Over .08 – If the person has, within two hours of being in "actual physical control" of a motor vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood.

Defenses

If a person in control of a motor vehicle is safely off the roadway, the person cannot be convicted of physical control. It may be possible to show the machine used to perform the analysis was insufficiently accurate to obtain a correct reading. More commonly, it may be possible to show error by the officer operating the machine which could result in suppression of the evidence gathered from the machine.