Alcohol & Drugs: DUI, DWI DUI but was not driving

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nitrobengene

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While driving (WA), it became apparent that my condition was not safe, so I pulled well clear of the road, stopped, and called my sister for a ride. I then got out of the car and locked it. I had consumed 3 drinks and was taking prescription medication (clonazepam). The police stopped , and I told them the truth. They arrested me and I agreed to all requested tests. BAC by breath was .056. They also took blood samples. I was charged with DUI.

Question: Do the police have to actually witness me driving in order to get a DUI conviction?

If they had charged me with "Physical Control", I would have a defense as stated in RCW 46.61.504(2) because I recognized my intoxication and made the situation safe by pulling over.

Any suggestions?

Thanks!
 
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