Can You Get a DUI Without Driving? Washington’s Laws on Physical Control

You might think DUI charges only apply if you’re caught driving under the influence—but in Washington State, that’s not the full story. Thanks to Washington’s “Physical Control” law, you can be charged with a DUI even if your vehicle wasn’t in motion. This surprises many people and can lead to serious legal consequences if not properly understood.

What is ‘Physical Control’ Under Washington Law?

Washington law (RCW 46.61.504) makes it a crime to be in “physical control” of a vehicle while under the influence of alcohol or drugs—even if the vehicle is not moving. This means you can be arrested for DUI if you’re found intoxicated in the driver’s seat with the keys in the ignition or within reach, regardless of whether the engine is running.

Why This Law Exists

The idea behind the law is to prevent impaired individuals from having the opportunity to drive. If law enforcement believes you could potentially operate the vehicle, you may be charged. It’s a preventive measure intended to keep potentially dangerous drivers off the road before they cause harm.

Common Scenarios That Lead to Charges

  • Sleeping it off in your car with the engine running
  • Sitting in your parked car with the keys nearby
  • Waiting for a ride inside your car while intoxicated

In these cases, officers often arrest individuals even if they had no intention of driving.

Defending a Physical Control Charge

You may have defenses available, such as proving the vehicle was safely off the road, or that you had no intention or ability to drive. Washington also recognizes the “safely off the roadway” defense—if you can show you were not a danger to others, you might avoid conviction. Legal guidance is essential to navigate these complex issues.

What to Do If You’re Charged

A Physical Control charge is just as serious as a standard DUI—it can lead to license suspension, fines, and even jail time. If you’ve been arrested under this law, don’t assume you’re out of options. An experienced attorney can evaluate your case and help you fight the charge.

Call Erin Bradley McAleer Today

At the Law Office of Erin Bradley McAleer, we know how confusing and frustrating a Physical Control charge can be. We’ve helped hundreds of clients understand their rights and protect their futures. If you’re facing DUI charges—driving or not—call us today for a free consultation at (360) 334-6277 or visit us at mcaleerlaw.net.