Many DUI / Physical Control clients (and even some DUI lawyers) are unaware that there is an unusual defense under Washington law for certain types of DUI / Physical Control cases. Under RCW 46.61.504 (2), an intoxicated driver, who pulls safely off the roadway before being pursued by police, has a defense at trial and at Dept. of Licensing license suspension administrative telephone hearings.
No matter how intoxicated a driver is, and no matter how bad their driving, an intoxicated driver who pulls safely off the roadway before police pursuit, has a defense. Especially when the car is parked safely, the engine turned off, the keys taken out of the ignition, and the driver gets out of the driver’s seat (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 often prevail at trial and at the DOL license hearing with this RCW 46.61.504 (2) safely off the roadway defense.
Call Lynnwood DUI lawyer Paul Hanson for more information on this unusual DUI / Physical Control defense. Call 425-778-7339 for a free first consultation.