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The Strange DUI: Physical Control of The Vehicle

The Strange DUI: Physical Control
It is best to recognize when you are driving and appreciably affected by alcohol. Do not ignore debilitating signs of poor coordination and the commission of traffic violations.

Get off the road immediately. Try to park properly in an establishmentís parking lot or a rest area. If these are unavailable, park your vehicle well within a shoulder, turn off the ignition and take the keys out of the ignition. Put the keys in your pocket or in the glove compartment. Seat yourself in the rear interior of your vehicle. Call for a ride home.

RCW 46.61.504 and 2008 c 282 s 21 are each amended to reads as follows:

(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:

(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the personís breath or blood made under RCW 46.61.506; or

(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

(c) While the person is under the combine4d influence of or affected by intoxicating liquor and any drug.

(2) It is an affirmative defense to a violation of subsection (1) (a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the personís breath or blood to cause the defendantís alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendantís intent to assert the affirmative defense.

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Important DUI Information For Spokane Drivers | Spokane DUI Attorney Legal Advice | The Strange DUI: Physical Control of The Vehicle |
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