Legal Question in DUI Law in Washington
dui
I was arrested for suspected drunk driving and given a dui. When approached by the arresting officer I was safely parked off the road and asleep. With only reports of my driving from other motorists can I be given a DUI or should I be given a Physical Control violation?
2 Answers from Attorneys
Re: dui
It depends. You may have a complete defense if the facts of your case match the legal requirements for this type of "pull off the road" defense. You should have an attorney look into this situation. As an attorney with 27 years experience in thi sarea of law, i.e., traffic and DUI, I can tell you that you shoul dnot try and do this on your own. Why? Because prosecutors are intent on getting convictions and if this situation is not done correctly, you coul dend up being convicted of DUI instead of availing yourself of a statutory defense.
Re: dui
I am sorry that you were arrested. You are correct that you are more properly charged with physical control. However, there is little difference between the two offense in terms of punishment, impact on your driver's license and criminal record.
There is a defense to both DUI and physical control that you were safely off the roadway. A number of cases have interpreted what it means to be "safely off the roadway" so legally it is more complicated than it sounds. You should get more detailed information from your attorney or public defender.
At your service,
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