Physical Control

Under Washington DUI statute RCW 46.61.504, a person is guilty of DUI if they have actual physical control of a vehicle:

1. and a BAC of .08 or higher within two hours after being in actual physical control; or
2. while the person is under the influence of or affected by intoxicating liquor or any drug; or
3. while the person is under the combined influence of or affected by intoxicating liquor and any drug.
Actual physical control refers to situations where the car is not in motion, but capable of movement – such as when the keys are in the ignition and the car is parked.

If the car has been moved safely off the roadway prior to being pursued by a law enforcement officer, no person may be convicted of DUI under the physical control statute.

All violations of this statute are classified as gross misdemeanors unless the person is a juvenile, has four or more prior offenses within ten years, or if the person has been previously convicted of vehicular homicide while under the influence, vehicular assault while under the influence, or a comparable out-of-state offense. In such circumstances, the DUI may be charged as a Class C felony.

DUI and Physical Control, as gross misdemeanors, carry a maximum sentence of up to 364 days in jail and/or a $5,000 fine.

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Sharon is amazing and so is her staff. They were able to get me in for my free consultation the same day I called and made me feel so comfortable. She is so caring and understanding. Everyone in her office is so nice and informative. She is honest with her answers and assures you through everything. With every question I had she was quick with a response, very knowledgable, and realistic. I read all these reviews which convinced me to call and make my appointment. Everything positive is what she is! She got everything I needed quickly and always kept me informed with everything going on in my case. When people say that you get what you pay for, well she is worth every penny! I couldn’t be happier with such a professional and respectable person. Thank you and your team for being the amazing people you are!
A DUI client
Sharon and her staff worked above and beyond the call of duty. They kept me informed at all times during my legal case. She worked tenaciously to secure a favorable outcome. She and her staff were always available to answer my questions and ease my concerns throughout the process of my case. Sharon is a highly experienced, compassionate and knowledgeable attorney. She calmed my fears with her level of confidence and reassurance. I would highly recommend her to anyone seeking legal representation.
A DUI client
Sharon Chirichillo is a quietly smiling powerhouse and, along with her team Pat and Carolyn, worked hard to present the best defense possible, even winning the DOL hearing in my behalf. Sharon and her team are personable, friendly, and thorough. My options were presented honestly and clearly, and I was kept abreast of the process. I would not hesitate to again call on Sharon Chirichillo for any legal needs.
A DUI client

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