In February 2026, I took a physical control case to a bench trial in Clark County District Court. The client was charged with physical control of a motor vehicle while under the influence — a gross misdemeanor carrying up to a year in jail. The State's evidence included a blood-alcohol level of .20, more than twice the legal limit.
On paper, the case looked rough. But facts on paper are never the whole story.
The affirmative defense
Under Washington law, a person charged with physical control can raise an affirmative defense: they were safely off the roadway when they came into contact with law enforcement. The idea behind the statute is straightforward — the state would rather have someone impaired pull over and stop than keep driving. The defense recognizes that a person trying to do the right thing by getting off the road should not be punished as if they were driving.
My client had done exactly that. He had pulled well off the roadway, parked the car, and made no attempt to drive. He was not a danger to anyone on the road because he was not on the road.
The trial
At trial, I focused the court on what the law actually requires. The State hammered the .20 BAC and argued that the simple fact of impairment was enough. I argued that the affirmative defense was met: the client was safely off the roadway, and the legislature specifically carved out that situation for a reason.
Clark County District Court Judge James Smith agreed. He found that while the client had not made the safest choice overall, he was ultimately trying to do the right thing by stopping. The verdict was not guilty.
What this means
A high BAC is not an automatic conviction. The State still has to prove every element, and affirmative defenses still matter. Creative, tenacious advocacy can change the outcome of a case that looks unwinnable at first glance.
If you are facing DUI or physical control charges in Clark County, call for a free consultation. I will give you an honest assessment and fight for the best possible result.
Past results do not guarantee future outcomes. Every case is different.