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
Prosecutorial Misconduct. It has recently become more common for prosecutors to withhold important evidence. Many prosecutors are young and see the criminal justice system like a game that is played to be won.