First, there are three ways to commit the crime of DUI in Washington State, operating a vehicle and: (1) have enough alcohol in your system at the time of driving to create an alcohol concentration of .08 or higher within two hours of driving; (2) being under the influence of any intoxicating alcohol or drug; or (3) being under the influence of both alcohol and drugs. "Operating a vehicle" is defined as anyone who is actual physical control of a vehicle. This includes even a momentary influence over the vehicle.
For example, let's say you are out joyriding around Seattle, Washington with your friends, and your buddy, who is drunk in the passenger seat, decides it would be funny to yank on the steering wheel. Only when he does that it causes the car to crash. In this example, your buddy better hire a good Seattle DUI attorney, because he is going to be charged (successfully probably) with DUI.
But, the prosecutor has to actually have proof that you were operating the vehicle. In the same example, if the car was stopped after riding around in Auburn this time, and you all were asleep, the keys were in the ignition, the car was not on, but the windshield wipers were going, a good DUI lawyer would probably be able to get you out of that scenario, because the police would not have sufficient evidence that you were operating the vehicle (unless you told them, which is why you don't talk to the police, except to give your driver's license information if asked).
A "vehicle" includes every device capable of moving along the highway, including bicycles. Although there is a case out there that finds that bicycles were not intended to be a part of the DUI statutes but included as part of the general traffic safety regulations. But watch out for golf carts - they could apply.
Being under the influence means that the ability to operate a vehicle is lessened to a depreciable degree. It does not require evidence of driving badly. If you are drinking after driving it is an affirmative defense to DUI. What this means is, if you are driving around in Seattle, stop somewhere and begin drinking, and then the cops come in and arrest you for DUI, your criminal attorney is permitted (and the defense is absolute) to show that you drank after you drove, beating your DUI.
Also note that the requirement for the breathalyzer is that it show you were at .08 or higher within two hours of driving. Although it would be nice if this meant your criminal defense attorney could get you off the DUI if the test was done outside the two hours, it does mean that the prosecutor will have a much more difficult time proving their case if the test is conducted outside the two hour time limit. If the breathalyzer were done outside the time limit, the state would have to do something called retrograde extrapolation to try to show that if the test would have been taken within the two hour time period it would have been over .08. If this happens, your Seattle DUI attorney should be able to take advantage of this on cross-examination of the expert and at least hurt his credibility a little.
That's all for now. Hope you are enjoying the Seattle Criminal Attorney's Blog. Stay tuned for more information so you can help yourself beat your criminal charges.
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