Can You Get Arrested for Falling Asleep in Your Car While Drunk?

Understanding Washington’s DUI Laws Regarding “Physical Control” of a Vehicle

Can You Be Arrested Without Driving?

Many people believe that choosing to sleep in their car after drinking is a responsible decision that avoids the risk of a DUI. However, in Washington State, you can still be arrested and charged under Physical Control of a Vehicle While Under the Influence laws, even if you never intended to drive. This lesser-known aspect of DUI law can lead to serious legal consequences, making it crucial to understand when and how these charges apply.

What Is Washington’s Physical Control Law?

Washington’s RCW 46.61.504 states that a person can be charged with a DUI-related offense if they are in actual physical control of a vehicle while under the influence of alcohol or drugs. Unlike a traditional DUI, which requires proof of driving, physical control charges focus on whether a person has the ability to operate the vehicle. If you are found in the driver’s seat, have the keys within reach, or have the engine running—even if just for warmth—an officer may determine that you had the potential to drive while impaired and arrest you.

Factors That Influence an Arrest

Several factors influence whether law enforcement will make an arrest. Officers typically assess:

  • Where you are sitting in the car.
  • The location of your keys.
  • Whether the engine is on.
  • Your overall level of intoxication.

If the car is operational and you appear capable of driving, police may presume you were planning to do so, leading to charges even if you had no actual intention of moving the vehicle.

Defenses Against a Physical Control Charge

Fortunately, there are legal defenses against physical control charges. Washington law recognizes a Safe Harbor Defense, which applies if you safely moved the vehicle off the roadway before deciding to sleep. Additionally, demonstrating a lack of intent to drive or challenging the sufficiency of the evidence, such as disputing the location of your keys or the operability of the vehicle, can also be effective strategies in court.

What Are the Penalties?

The penalties for a physical control DUI charge conviction are similar to those for a DUI, including fines, license suspension, and possible jail time. A conviction can have long-term consequences on your record, making it essential to fight these charges with strong legal representation.

If you have been charged under Washington’s physical control law, securing experienced legal representation is essential. The Law Office of Erin Bradley McAleer has extensive experience in DUI-related cases and can help you build a strong defense. If you are facing a physical control DUI charge, don’t wait—contact us today to discuss your case and protect your rights.