Criminal Defense in Whatcom County
Criminal Defense Bellingham Whatcom County WA
Criminal Defense Whatcom County Washington | Law Firm of David N Jolly

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Whatcom Criminal Defense Attorney Bellingham Wa

Defense to Physical Control in Whatcom County

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Defenses to a Whatcom County Physical Control Charge


Like every criminal offense there are legal defenses to the crime of Physical Control in Whatcom County. Obviously your criminal defense lawyer in Bellingham can provide you with details regarding your specific case but one such defense is called "safely off the roadway." If you have moved your vehicle safely off the roadway prior to being pursued by law enforcement you cannot be convicted of Physical Control in Whatcom County.

The Physical Control Statute, RCW 46.61.504, provides an affirmative defense to the crime if the individual has consumed alcohol or marijuana after being in physical control of a motor vehicle.  Specifically, the law states:

  • (3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
  • (b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of marijuana after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after being in control of the vehicle. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.


Because the consequences of a physical control arrest in Whatcom County are so severe and the penalties are so harsh, it is very important to consult with a lawyer who understands the law and defenses to the crime.  Call our Whatcom County Physical Control Defense attorneys to discuss your case at (360) 293-2275.

by David N. Jolly

Whatcom County DUI Defense Lawyer

DUI Books

A Whatcom County DUI Physical Control Charge is Serious!

 

The crime of Physical Control in Whatcom County is exactly the same as DUI except for one important fact, Physical Control requires no driving. Believe it or not, you may have pulled over to the side of the road after deciding that it was not safe for you to drive and still be guilty of a crime. Physical Control is having within two hours of being in physical control of the vehicle, an alcohol concentration of 0.08 or higher, a THC concentration of 5 (nanograms) or higher, being under the influence of or affected by intoxicating liquor or drug, or being under the combined influenced of or affected by intoxicating liquor or any drug. RCW 46.61.504. This offense also has penalties that are the same as DUI including license suspensions, ignition interlocks, and jail.  It may seem unfair that you can be punished as severely as those driving under the influence after you have parked your car and made a conscious decision not to drive, but that is the law and the reason for hiring the best criminal defense attorneys for your Whatcom County Physical control charge.



Recently I had a DUI in Whatcom County.  I called many Bellingham lawyers but decided that David Jolly was the best choice. He was very kind and compassionate but honest, which I liked. I was also impressed by his knowledge and the fact that he has written so many books. It was a difficult time but he got my DUI reduced and saved my license. 

- Kevin, Bellingham, WA

Law Firm of David N. Jolly

218 W. Champion Street

Bellingham, WA, United States 98225

(360) 293-2275

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 Physical Control Facts

  • Even though physical control requires no driving, you can lose your ability to drive after the arrest. 
  • ​A conviction for physical control, which involves no driving, will require an ignition interlock device so that you can drive!
  • ​Deferred Prosecution is an option, assuming you have never been granted one previously.  However,  be cautious and consult with a Physical Control lawyer in Whatcom County first. It will dismiss your crime, save you from Jail, and you can keep your license.

We are a dedicated Bellingham Criminal Defense Law Firm whose exclusive practice is defending those charged with a crime.  With more than 30 years of combined legal experience we understand what it takes to get the best results from each Physical Control case.  It is our sole objective to provide our clients with exceptional service and superior results.

Lawyers & Staff

  • Plead Not Guilty in Whatcom Court
  • Submit the DOL Hearing Request within 20 days
  • Speak to a Whatcom County Physical Control Attorney immediately
  • Hire an experienced Physical control attorney in Whatcom County
  • Finalize the alcohol | drug evaluation, ADIS class and DUI Victim Panel asap!
  • Get a Free Whatcom County DUI Book

  Physical Control Tips

An arrest for Physical Control in Whatcom County is almost exactly like a DUI, except that the arrested was not actually driving the vehicle. Unfortunately, this also means that the individual faces the same harsh penalties as driving under the influence including, but not limited to, a lengthy license suspension, an ignition interlock device and Jail. Therefore, like driving under the influence, you only have 20 days to contest your license suspension and only hours before a court appearance. It is imperative that you consult with an attorney as soon as you are released from Jail and prior to court.

PHYSICAL CONTROL

Physical Control Arrest Bellingham Whatcom County Wa