Most people think DUI charges require actual driving. They're wrong.

In Washington State, you can face the same penalties as a drunk driver simply for sleeping behind the wheel of your parked car. It's called "physical control," and it catches thousands of people off guard every year. These are drivers who thought they were making the responsible choice by not driving home. 

What Does "Physical Control" Really Mean?

Washington's DUI laws don't require you to be driving. They cover something called "physical control" of a vehicle. This is a legal concept that simply means you're in a position where you could operate the car, even if you're not actually driving it.

This means the officer doesn't need to catch you with the engine running or the car in motion. If you're drunk and sitting behind the wheel, you could face the same penalties as someone who was weaving down the interstate.

The law treats sleeping in your driver's seat the same as driving drunk.

When Sleeping in Your Car Becomes a Crime

Here's what prosecutors look for when building a physical control case:

- Where were you sitting? The driver's seat creates the strongest case against you. Sleeping in the passenger seat or back seat makes prosecution much harder.

- Where were the keys? Keys in the ignition, even if the car isn't running, strengthen the state's case. Keys in your pocket or purse? That's better for your defense, but not foolproof.

- Could you have driven? If your car was parked legally on a private lot, that's different from being stopped on the shoulder of I-5. The more accessible your car is to traffic, the stronger the case against you.

- What was your intent? Were you clearly settling in for the night with blankets and a pillow? Or did it look like you just pulled over for a quick nap before continuing your journey?

Real Consequences for Being Drunk Behind the Wheel

The penalties for physical control mirror those for DUI. In Washington, that means:

- Up to 364 days in jail

- Fines up to $5,000

- License suspension

- Ignition interlock device requirements

- Increased insurance rates

You tried to be responsible. You didn't drive. But you could still face the same punishment as someone who endangered lives on the highway.

The "Safe Harbor" Defense That Might Save You

Washington law does provide one potential lifeline: the "safe harbor" provision. This defense applies when you can prove you were unlikely to drive until you were no longer impaired.

But proving this isn't automatic. You need to show:

- You pulled over specifically because you were too drunk to drive

- You had no intention of driving until sober

- Your actions demonstrated this intent (sleeping in the back seat, hiding keys, etc.)

This defense requires careful legal strategy. The burden falls on you to prove your innocent intent, not on the state to prove you were planning to drive.

The physical control law exists for a reason. It's designed to prevent drunk driving by catching people before they make the fatal decision to turn that key.

But it also criminalizes people who are trying to do the right thing.

If you're facing a physical control charge, don't assume you're guilty just because you were trying to be responsible. The state still has to prove its case, and there are defenses available, but they require someone who understands the nuances of Washington's DUI laws.

The difference between a conviction and a dismissal often comes down to small details that only become clear when someone examines your case closely.

You thought you were making the safe choice. Now you need to make the smart choice about your defense. Contact Lewis & Laws today. Our Seattle criminal defense lawyers are here to fight for you and your future.