What Counts as “Physical Control” of a Vehicle in Washington? Avoiding an Unexpected DUI Charge

Most Washington drivers know they can be charged with DUI if they operate a vehicle while impaired. Far fewer know that they can face the same criminal penalties even if the vehicle never moves. Under RCW 46.61.504, Washington law allows prosecution for Physical Control of a Vehicle While Under the Influence when a person is simply in a position to operate the vehicle

while impaired. The focus is preventive: the law aims to stop potentially dangerous situations before actual driving occurs, which means even seemingly harmless conduct can result in serious charges.

How Washington Interprets “Physical Control”

Washington courts interpret physical control broadly. A person may be considered in physical control if they are inside a vehicle and capable of operating it, even if they had no intention of driving. For example, someone who gets into the driver’s seat to rest or warm up the car may be seen as having immediate access to operate the vehicle, especially when the keys are nearby. Courts look at whether the person could quickly and easily start the car, not whether they planned to do so.

Common Situations That Lead to Charges

One of the most frequent scenarios involves individuals who attempt to “sleep it off” in their vehicle. Even when the engine is turned off, a person sleeping in the driver’s seat with the keys within reach can be charged because the law views them as capable of driving at any moment.

Sitting in a vehicle that is parked in a public area, a parking lot, or along a roadway can strengthen the state’s argument that the person remained in control of the vehicle while impaired.

Even using the vehicle’s heater, charging a phone with the car battery, or simply having the key fob inside the cabin of a push-to-start vehicle may be enough for law enforcement to conclude the person was in physical control.

The Safe Harbor Defense

Washington recognizes a narrow exception known as the “safe harbor” defense. This applies when a person takes affirmative steps to avoid driving, such as pulling completely off the roadway, parking safely, and placing the keys somewhere inaccessible. Courts examine whether the individual demonstrated a clear intent not to operate the vehicle. However, this defense is fact-dependent and often contested. Being in the driver’s seat, leaving the keys nearby, or remaining in a location where the car could easily be driven can undermine a safe harbor argument.

Potential Consequences of a Physical Control Charge

A physical control charge carries essentially the same penalties as a DUI. Individuals face possible jail time, fines, license restrictions, ignition interlock requirements, probation, and long-term impacts on employment and background checks. Unlike many criminal charges that require an act, physical control emphasizes potential danger, making these cases particularly nuanced. Successfully defending against them often requires a detailed examination of the vehicle’s location, the placement of the keys, the individual’s behavior, and the totality of the circumstances.

Because physical control cases often turn on fine details, early legal intervention can make a significant difference. An experienced attorney can assess whether the state can meet its burden, identify issues with law enforcement’s observations, and determine whether the safe harbor defense applies.

The Law Office of Erin Bradley McAleer regularly handles complex DUI and physical control cases throughout Washington and provides strategic guidance tailored to the facts of each situation. Individuals facing these charges should seek counsel promptly to protect their rights and mitigate the consequences.

If you or someone you know has been arrested while parked or stationary in a vehicle, our office can help evaluate the circumstances and pursue the strongest defense available.