Can a person be charged with a DUI if they are not driving?
Yes, a person in Washington can be charged with a DUI even if they are not driving. Washington has a law called “Physical Control” which states that it is illegal to be in physical control of a vehicle while under the influence of alcohol or drugs. This means that even if a person is not actively driving the vehicle, they still can be charged with a DUI if they are in the vehicle and are found to be under the influence. For example, if a person has been drinking at a bar and decides to sleep in their car, the police can charge them with a DUI if there is evidence that the person was under the influence. This could include smelt of alcohol, symptoms of intoxication such as slurred speech, or even the presence of open alcohol containers in the car. Therefore, it is important to note that, in Washington, a person can still be charged with a DUI, even if they are not driving. In fact, it is important to avoid any situation in which you could be accused of being in physical control of the vehicle if you have been drinking. The penalties for a DUI conviction in Washington are very serious and include jail time, fines, and an automatic license suspension.
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