Physical Control
RCW 46.61.504 — physical control is its own offense, with a defense for moving safely off the roadway first
Its own offense. A person is guilty of being in actual physical control of a motor vehicle while under the influence if the person has actual physical control of a vehicle in Washington with an alcohol concentration of 0.08 or higher, or a THC concentration of 5.00 or higher, within two hours afterward, or while under the influence of or affected by liquor or any drug.
Moved off the road. No person may be convicted, and it is an affirmative defense to a license suspension, if before being pursued by a law enforcement officer the person moved the vehicle safely off the roadway.
A drink afterward. It is an affirmative defense to the concentration charge, proved by a preponderance of the evidence, that the person consumed enough alcohol after being in control to cause that concentration, as the section provides.
Whether a person parked with the engine off, or asleep in the seat, was in control of the vehicle is decided on the facts of the case, and is a question for a licensed Washington attorney.
Sources for this section (1)
- RCW 46.61.504 — Physical control of vehicle while under the influence
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.