What is the prosecutor trying to prove?

In order to prove a DUI charge the prosecutor must prove that the defendant was driving a motor vehicle in King County on a particular day while their ability to drive was appreciable affected by alcohol, drugs or a combination of alcohol and drugs. Appreciably affected means affected to any noticeable degree, it does not mean drunk.  Washington case law does not distinguish between legal, illegal, prescriptions or over the counter drugs or medications. Any drug or medication that affects a person’s ability to drive may be the basis for a DUI charge.

A prosecutor may also prove a DUI case with evidence that the person was driving and then within two hours of driving had a blood or breath test showing an alcohol concentration of 0.08 grams of alcohol per 210 liters of breath or 21 deciliters of blood as a result of alcohol consumed at or before the time of driving.

 

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