Under Washington RCW 46.61.504 (2), an intoxicated driver, who pulls safely off the roadway before being pursued by police, has an affirmative defense both at trial and at the Dept. of Licensing license suspension administrative telephone hearing.

No matter how intoxicated a driver is, and no matter how bad their driving, an intoxicated driver who pulls safely off the roadway, before being pursued by police, has a defense. Especially when the car is parked safely, the engine turned off, the keys taken out of the ignition, the driver gets out of the driver’s seat  and into the backseat (or at least the front passenger seat), and sleeps it off in the car. The police may still mistakenly arrest the driver for DUI or Physical Control. But the driver will usually prevail at both trial and at the DOL license suspension hearing with this RCW 46.61.504 (2) safely off the roadway defense.

Recently attorney Paul Hanson had a Physical Control while Impaired case where the driver felt too drunk to drive any further. So he pulled safely off the road and into an empty parking lot, turned off the engine, put the keys on the floorboard, climbed into the backseat and slept for six hours before being awakened by police. The officer still arrested him for Physical Control while Impaired. But the client easily won his Department of Licensing license suspension telephone hearing.

Call Lynnwood DUI / Physical Control lawyer Paul Hanson for more information on this DUI / Physical Control affirmative defense. Call 425-778-7339 for a free first consultation.

Lynnwood DUI Lawyer Paul Hanson