What is the test for proving that a defendant was driving while intoxicated?

Under Washington law, the prosecution must show that the defendant operated or was in actual physical control of the car to prove that he was driving while intoxicated. State v. Komoto, 40 Wash.App. 200, 205, 697 P.2d 1025, 1029, cert. denied, --- U.S. ----, 106 S.Ct. 572, 88 L.Ed.2d 556 (1985). The presence of the defendant in the driver's seat of the car is circumstantial evidence that he was the driver of the car. "[C]ircumstantial evidence permits a legitimate inference ... that the defendant was in actual physical control." State v. Smelter, 36 Wash.App. 439, 445, 674 P.2d 690, 693 (1984).