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Physical Control of Vehicle Under the Influence
RCW: 46.61.504
Elements of the Crime & PC Checklist
Essential facts to establish probable cause.
Required Elements
- The defendant was in actual physical control of a motor vehicle within this state;
- While under the influence of or affected by intoxicating liquor, any drug, or a combination of both; OR
- While the person has, within two hours of being in physical control, an alcohol concentration of 0.08 or higher; OR
- While the person has, within two hours of being in physical control, a THC concentration of 5.00 or higher.
Probable Cause Checklist
- Location of the subject in the vehicle (e.g., driver's seat).
- Location of the keys (e.g., in ignition, in possession of subject).
- Motor running or recently running.
- Subject is awake and capable of operating the vehicle.
- Vehicle is operable.
- Vehicle is on or near a public roadway.
- Indicators of impairment (odor of alcohol, slurred speech, etc.).