Attempted DUIs, or a ‘physical control’ charge in Washington, is a criminal offense where an intoxicated driver does not operate a vehicle, but has physical control of the vehicle or the intent to drive under the influence. In the case of an attempted DUI, a prosecutor must prove in court that you took the action to, or had the intent of operating a vehicle, while under the influence of alcohol or drugs. Here are some examples of how you could receive a physical control charge:
If you had a blood alcohol content of 0.08 percent
If you had marijuana, or another drug substance in your blood stream over zero percent.
If you were found in the driver’s side of your vehicle, under the influence without moving the car.
If you had attempted to get into the driver’s side of your vehicle while under the influence, with intent to move the vehicle.
All of these circumstances could be considered an attempt to drive under the influence.
What Are The Penalties For An Attempted DUI?
In Washington, judges treat an attempted DUI with the same severity as a DUI as if the vehicle is in motion. Prosecutors will pursue the same amount of jail time, fees, and ignition lock device requirements as though you were charged with a DUI.
This is a scary situation to find yourself in. A physical control case ruled against you could mean a revocation of your license. You would have to pay hefty fines. You might serve jail time or take a drunk driving class. You might end up with a device in your car that prevents the ignition from starting if you’re intoxicated.
If you have any previous charges against you, especially a previous DUI, then an attempted DUI outcome might be even more severe. Offense is the best defense in this scenario, and you would be wise to avoid ever having to face this blight on your record.
If you have had a case like this before, you want to do everything you can to avoid facing these charges again. Fortunately, there are ways to navigate away from the frustration of having to deal with the legal system in this way.
What Can You Do To Avoid An Attempted DUI?
We understand that you like to hang out with your friends and have a good time out and about. But when you’re ready to go home from a party – that’s when you need a plan. Take some precautions to prevent going through an attempted DUI charge in the first place.
If you’re out with other people, have a plan.
Establish someone as the designated driver. This person would have to volunteer not to drink or use any drugs for the night. That way, this person is completely sober and safe to drive everyone home.
Give your keys to someone that you know and trust.
An attempted DUI is all about the intent to operate the car without actually moving it. If you feel like you’re going to drink to a point where it’s potentially risky for you, and you may end up injuring other people, give your keys to a friend or family member who can stop you from even getting into the driver’s seat of your car, avoiding trouble altogether. Leave your keys at home and try carpooling with a friend.
Take public transportation.
Consider buses, trains, and cabs. If you know that you are going to be drinking for the night, keep a list of phone numbers of local taxis with you so that you can make the call when it’s time to go home. Try to remember the bus or train schedule in your area. It might seem inconvenient at the time, but the little extra cash and effort for transportation is well worth it over the frustration of dealing with the legal system. Have these resources in mind before your night out.
Park your car safely off the road.
If you park your car out of the street and at the side of the road, it’s a great step to protecting yourself and protecting others when you may not be thinking as clearly as usual.
We Can Help
If the unfortunate event ever arises where you need to defend yourself in court, we’re here to help. Washington’s DUI laws can be severe and facing charges can be scary and life-changing. At Leyba Defense, we have the skill and experience needed to defend your attempted DUI case.