Physical Control and DUI in Washington State. What is the difference between a charge of Physical Control of Vehicle and DUI in Washington state? The State needs to prove that you were driving while impaired in a DUI case. However, the Prosecutor does not need to prove you were driving or even behind the wheel in a Physical Control case. Although in either case the Prosecutor has to prove you are impaired by alcohol and/or drugs, he only has to show that you were in control of the vehicle. Depending on the circumstances, that can mean being outside the vehicle with the keys in your hand while you are impaired. Additionally, a criminal defense attorney will explain that even if you have not reached the statutory ,08 BAC level, you can still be convicted of DUI- provided that the Prosecutor can convince the judge or jury that you are impaired.
Results of BAC Tests. Even with a low BAC or no breath test, the officer will describe your condition with details that may help to convict you. Law Enforcement Officers are trained to testify in a manner that is most likely to convince a judge or a jury that you were driving while impaired. If there is .08 BAC, the court will instruct the jury to presume you were impaired and the defense attorney now has to show that the Breathalyzer machine was not functioning properly or that the test was not administered according to proper procedures.