Physical Control of a motor vehicle

Skilled DUI Defense Attorneys in Pullman

If you have been arrested for Physical Control in the state of Washington, you are facing strict sanctions and penalties such as jail time, fines, and the suspension or revocation your privilege to drive. As a skilled Physical Control attorney, Luke Baumgarten has the experience and knowledge to guide you through the entire case, from the initial jail call all the way through trial.

Like DUI, there is a lot more to a Physical Control case than simply whether you were in actual physical control of a motor vehicle while you were intoxicated. There are a many legal issues which, if identified by your attorney, could lead to suppression of evidence, could justify an amendment to a lower-level offense (like Reckless Driving, Reckless Endangerment, or Negligent Driving in the First Degree), or could even lead to a dismissal or acquittal. Physical Control is defined by RCW 46.61.504.

  • Defenses to physical control of a motor vehicle under the influence include:
  • Consuming alcohol after driving: It is an affirmative defense if the defendant proves that it is more likely than not that he or she consumed a sufficient amount of alcohol after the time of being in actual physical control of the vehicle and before taking a breath test to have a BAC of .08 or higher.
  • Safely off the roadway: It is a defense to a charge of Physical Control if, prior to being pursued by a law enforcement officer, the defendant had moved his or her vehicle "safely off the roadway."
  • Reasonable Doubt: As with any criminal case, the government has the burden of proving each and every element of the crime beyond a reasonable doubt.

In many respects, Physical Control is very similar to the crime of DUI. For more detailed information regarding possible penalties and license sanctions, visit our DUI page.

If you have been charged with Physical Control, call Baumgarten Law Office for a free consultation: (509) 593-4370.

Don’t Just Take Our Word For It, See What Our Clients Have To Say

  • Baumgarten Law Offices PLLC She believes in her heart that people matter and she stands solidly in the realm of social justice and equity.
  • Baumgarten Law Offices PLLC His work and mistakes by the arresting agency that he identified ultimately resulted in a reduced charge.
  • Baumgarten Law Offices PLLC Not only did Mr. Baumgarten keep me informed of the process and status of my case, he took the time to listen to all of my concerns in a very personable manner.
  • Baumgarten Law Offices PLLC ...I've worked with many attorneys, and quite simply, Mr. Baumgarten is the best.
  • Baumgarten Law Offices PLLC He kept us posted at all times and worked a very fair settlement with the prosecutor.
  • Baumgarten Law Offices PLLC Luke goes the extra mile to provide guidance to his clients to help them move towards the right direction in life.
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