Impaired driving

AN ACT Relating to impaired driving; amending RCW 46.61.502, 1
46.61.504, 46.61.5055, 46.61.506, 46.20.308, 46.20.3101, 46.25.090, 2
38.38.760, and 79A.60.040; adding a new section to chapter 43.59 RCW; 3
adding a new section to chapter 66.44 RCW; adding a new section to 4
chapter 66.08 RCW; creating a new section; prescribing penalties; 5
providing an effective date; and providing an expiration date.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. (1) The legislature finds that a per se 8
0.05 blood alcohol concentration level is the standard throughout 9
most of the world. Norway was the first country to establish a per se 10
blood alcohol concentration limit of 0.05 in 1936. Since then, most 11
countries have adopted blood alcohol concentration limits of 0.05 or 12
lower. Eighty-four percent of the world's population lives in 13
countries with a blood alcohol concentration limit of 0.05 or lower. 14
Studies on the impacts of these laws around the world have found that 15
reducing the limit from 0.08 to 0.05 results in an average reduction 16
of fatalities involving alcohol-impaired driving by 11 percent 17
annually. The national highway traffic safety administration found 18
that a driver's risk of crash involvement at 0.05 is double the rate 19
of a sober driver, which increases to three times the risk at 0.07.20
S-0875.1
SENATE BILL 5664
State of Washington 69th Legislature 2025 Regular Session
By Senators Fortunato and Lovick
Read first time 02/05/25. Referred to Committee on Law & Justice.
p. 1 SB 5664
(2) The legislature finds and declares that 2023 was the 1
deadliest year on Washington roads since 1990. Washington state saw 2
734 fatal crashes resulting in the death of more than 810 people. 3
Half of all fatal crashes involve a driver impaired by drugs or 4
alcohol, and the state saw a 59 percent increase in crashes involving 5
an impaired driver between 2019 and 2023. This alarming upward trend 6
must be addressed if Washington state is going to meet its goal of 7
target zero. 8
(3) The increase in Washingtonians choosing to drive while 9
impaired points to a need to adjust Washington's impaired driving 10
laws. Utah lowered the blood alcohol concentration limit for 11
operating a motor vehicle from 0.08 to 0.05 in 2018 and found that 22 12
percent of people who drank alcohol said they changed their behavior 13
as a result of the new law. Given the increase in traffic fatalities 14
from impaired driving, the legislature declares that it is time to 15
keep Washington's roads safer and lower the number of fatal crashes 16
caused by impaired drivers by lowering the blood alcohol limit to 17
0.05. 18
Sec. 2. RCW 46.61.502 and 2024 c 306 s 30 are each amended to 19
read as follows: 20
(1) A person is guilty of driving while under the influence of 21
intoxicating liquor, cannabis, or any drug if the person drives a 22
vehicle within this state: 23
(a) And the person has, within two hours after driving, an 24
alcohol concentration of ((0.08)) 0.05 or higher as shown by analysis 25
of the person's breath or blood made under RCW 46.61.506; or26
(b) The person has, within two hours after driving, a THC 27
concentration of 5.00 or higher as shown by analysis of the person's 28
blood made under RCW 46.61.506; or 29
(c) While the person is under the influence of or affected by 30
intoxicating liquor, cannabis, or any drug; or 31
(d) While the person is under the combined influence of or 32
affected by intoxicating liquor, cannabis, and any drug.33
(2) The fact that a person charged with a violation of this 34
section is or has been entitled to use a drug under the laws of this 35
state shall not constitute a defense against a charge of violating 36
this section. 37
(3)(a) It is an affirmative defense to a violation of subsection 38
(1)(a) of this section, which the defendant must prove by a 39
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preponderance of the evidence, that the defendant consumed a 1
sufficient quantity of alcohol after the time of driving and before 2
the administration of an analysis of the person's breath or blood to 3
cause the defendant's alcohol concentration to be ((0.08)) 0.05 or 4
more within two hours after driving. The court shall not admit 5
evidence of this defense unless the defendant notifies the 6
prosecution prior to the omnibus or pretrial hearing in the case of 7
the defendant's intent to assert the affirmative defense.8
(b) It is an affirmative defense to a violation of subsection 9
(1)(b) of this section, which the defendant must prove by a 10
preponderance of the evidence, that the defendant consumed a 11
sufficient quantity of cannabis after the time of driving and before 12
the administration of an analysis of the person's blood to cause the 13
defendant's THC concentration to be 5.00 or more within two hours 14
after driving. The court shall not admit evidence of this defense 15
unless the defendant notifies the prosecution prior to the omnibus or 16
pretrial hearing in the case of the defendant's intent to assert the 17
affirmative defense. 18
(4)(a) Analyses of blood or breath samples obtained more than two 19
hours after the alleged driving may be used as evidence that within 20
two hours of the alleged driving, a person had an alcohol 21
concentration of ((0.08)) 0.05 or more in violation of subsection 22
(1)(a) of this section, and in any case in which the analysis shows 23
an alcohol concentration above 0.00 may be used as evidence that a 24
person was under the influence of or affected by intoxicating liquor 25
or any drug in violation of subsection (1)(c) or (d) of this section.26
(b) Analyses of blood samples obtained more than two hours after 27
the alleged driving may be used as evidence that within two hours of 28
the alleged driving, a person had a THC concentration of 5.00 or more 29
in violation of subsection (1)(b) of this section, and in any case in 30
which the analysis shows a THC concentration above 0.00 may be used 31
as evidence that a person was under the influence of or affected by 32
cannabis in violation of subsection (1)(c) or (d) of this section.33
(5) Except as provided in subsection (6) of this section, a 34
violation of this section is a gross misdemeanor. 35
(6) It is a class B felony punishable under chapter 9.94A RCW, or 36
chapter 13.40 RCW if the person is a juvenile, if:37
(a) The person has three or more prior offenses within 15 years 38
as defined in RCW 46.61.5055; or 39
(b) The person has ever previously been convicted of:40
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(i) Vehicular homicide while under the influence of intoxicating 1
liquor or any drug, RCW 46.61.520(1)(a); 2
(ii) Vehicular assault while under the influence of intoxicating 3
liquor or any drug, RCW 46.61.522(1)(b); 4
(iii) An out-of-state offense comparable to the offense specified 5
in (b)(i) or (ii) of this subsection; or 6
(iv) A violation of this subsection (6) or RCW 46.61.504(6).7
Sec. 3. RCW 46.61.504 and 2024 c 306 s 32 are each amended to 8
read as follows: 9
(1) A person is guilty of being in actual physical control of a 10
motor vehicle while under the influence of intoxicating liquor or any 11
drug if the person has actual physical control of a vehicle within 12
this state: 13
(a) And the person has, within two hours after being in actual 14
physical control of the vehicle, an alcohol concentration of ((0.08)) 15
0.05 or higher as shown by analysis of the person's breath or blood 16
made under RCW 46.61.506; or 17
(b) The person has, within two hours after being in actual 18
physical control of a vehicle, a THC concentration of 5.00 or higher 19
as shown by analysis of the person's blood made under RCW 46.61.506; 20
or 21
(c) While the person is under the influence of or affected by 22
intoxicating liquor or any drug; or 23
(d) While the person is under the combined influence of or 24
affected by intoxicating liquor and any drug. 25
(2) The fact that a person charged with a violation of this 26
section is or has been entitled to use a drug under the laws of this 27
state does not constitute a defense against any charge of violating 28
this section. No person may be convicted under this section and it is 29
an affirmative defense to any action pursuant to RCW 46.20.308 to 30
suspend, revoke, or deny the privilege to drive if, prior to being 31
pursued by a law enforcement officer, the person has moved the 32
vehicle safely off the roadway. 33
(3)(a) It is an affirmative defense to a violation of subsection 34
(1)(a) of this section which the defendant must prove by a 35
preponderance of the evidence that the defendant consumed a 36
sufficient quantity of alcohol after the time of being in actual 37
physical control of the vehicle and before the administration of an 38
analysis of the person's breath or blood to cause the defendant's 39
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alcohol concentration to be ((0.08)) 0.05 or more within two hours 1
after being in such control. The court shall not admit evidence of 2
this defense unless the defendant notifies the prosecution prior to 3
the omnibus or pretrial hearing in the case of the defendant's intent 4
to assert the affirmative defense. 5
(b) It is an affirmative defense to a violation of subsection 6
(1)(b) of this section, which the defendant must prove by a 7
preponderance of the evidence, that the defendant consumed a 8
sufficient quantity of cannabis after the time of being in actual 9
physical control of the vehicle and before the administration of an 10
analysis of the person's blood to cause the defendant's THC 11
concentration to be 5.00 or more within two hours after being in 12
control of the vehicle. The court shall not admit evidence of this 13
defense unless the defendant notifies the prosecution prior to the 14
omnibus or pretrial hearing in the case of the defendant's intent to 15
assert the affirmative defense. 16
(4)(a) Analyses of blood or breath samples obtained more than two 17
hours after the alleged being in actual physical control of a vehicle 18
may be used as evidence that within two hours of the alleged being in 19
such control, a person had an alcohol concentration of ((0.08)) 0.05 20
or more in violation of subsection (1)(a) of this section, and in any 21
case in which the analysis shows an alcohol concentration above 0.00 22
may be used as evidence that a person was under the influence of or 23
affected by intoxicating liquor or any drug in violation of 24
subsection (1)(c) or (d) of this section. 25
(b) Analyses of blood samples obtained more than two hours after 26
the alleged being in actual physical control of a vehicle may be used 27
as evidence that within two hours of the alleged being in control of 28
the vehicle, a person had a THC concentration of 5.00 or more in 29
violation of subsection (1)(b) of this section, and in any case in 30
which the analysis shows a THC concentration above 0.00 may be used 31
as evidence that a person was under the influence of or affected by 32
cannabis in violation of subsection (1)(c) or (d) of this section.33
(5) Except as provided in subsection (6) of this section, a 34
violation of this section is a gross misdemeanor. 35
(6) It is a class C felony punishable under chapter 9.94A RCW, or 36
chapter 13.40 RCW if the person is a juvenile, if:37
(a) The person has three or more prior offenses within 15 years 38
as defined in RCW 46.61.5055; or 39
(b) The person has ever previously been convicted of:40
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(i) Vehicular homicide while under the influence of intoxicating 1
liquor or any drug, RCW 46.61.520(1)(a); 2
(ii) Vehicular assault while under the influence of intoxicating 3
liquor or any drug, RCW 46.61.522(1)(b); 4
(iii) An out-of-state offense comparable to the offense specified 5
in (b)(i) or (ii) of this subsection; or 6
(iv) A violation of this subsection (6) or RCW 46.61.502(6).7
Sec. 4. RCW 46.61.5055 and 2024 c 306 s 31 are each amended to 8
read as follows: 9
(1) No prior offenses in seven years. Except as provided in RCW 10
46.61.502(6) or 46.61.504(6), a person who is convicted of a 11
violation of RCW 46.61.502 or 46.61.504 and who has no prior offense 12
within seven years shall be punished as follows: 13
(a) Penalty for alcohol concentration less than ((0.15)) 0.10. In 14
the case of a person whose alcohol concentration was less than 15
((0.15)) 0.10, or for whom for reasons other than the person's 16
refusal to take a test offered pursuant to RCW 46.20.308 there is no 17
test result indicating the person's alcohol concentration:18
(i) By imprisonment for not less than 24 consecutive hours nor 19
more than 364 days. In lieu of the mandatory minimum term of 20
imprisonment required under this subsection (1)(a)(i), the court, in 21
its discretion, may order not less than 15 days of electronic home 22
monitoring or a 90-day period of 24/7 sobriety program monitoring. 23
The court may consider the offender's pretrial 24/7 sobriety program 24
monitoring as fulfilling a portion of posttrial sentencing. The 25
offender shall pay the cost of electronic home monitoring. The county 26
or municipality in which the penalty is being imposed shall determine 27
the cost. The court may also require the offender's electronic home 28
monitoring device or other separate alcohol monitoring device to 29
include an alcohol detection breathalyzer, and the court may restrict 30
the amount of alcohol the offender may consume during the time the 31
offender is on electronic home monitoring; and 32
(ii) By a fine of not less than $350 nor more than $5,000. $350 33
of the fine may not be suspended unless the court finds the offender 34
to be indigent; ((or))35
(b) Penalty for alcohol concentration at least 0.10. In the case 36
of a person whose alcohol concentration was at least 0.10:37
(i) By imprisonment for not less than 48 consecutive hours nor 38
more than 364 days. In lieu of the mandatory minimum term of 39
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imprisonment required under this subsection (1)(b)(i), the court, in 1
its discretion, may order not less than 30 days of electronic home 2
monitoring or a 120-day period of 24/7 sobriety program monitoring. 3
The court may consider the offender's pretrial 24/7 sobriety program 4
testing as fulfilling a portion of posttrial sentencing. The offender 5
shall pay the cost of electronic home monitoring. The county or 6
municipality in which the penalty is being imposed shall determine 7
the cost. The county or municipality may also require the offender's 8
electronic home monitoring device to include an alcohol detection 9
breathalyzer or other separate alcohol monitoring device, and the 10
court may restrict the amount of alcohol the offender may consume 11
during the time the offender is on electronic home monitoring; and12
(ii) By a fine of not less than $500 nor more than $5,000. $500 13
of the fine may not be suspended unless the court finds the offender 14
to be indigent; or15
(c) Penalty for alcohol concentration at least ((0.15)) 0.12. In 16
the case of a person whose alcohol concentration was at least 17
((0.15)) 0.12, or for whom by reason of the person's refusal to take 18
a test offered pursuant to RCW 46.20.308 there is no test result 19
indicating the person's alcohol concentration: 20
(i) By imprisonment for not less than 48 consecutive hours nor 21
more than 364 days. In lieu of the mandatory minimum term of 22
imprisonment required under this subsection (1)(((b))) (c)(i), the 23
court, in its discretion, may order not less than 30 days of 24
electronic home monitoring or a 120-day period of 24/7 sobriety 25
program monitoring. The court may consider the offender's pretrial 26
24/7 sobriety program testing as fulfilling a portion of posttrial 27
sentencing. The offender shall pay the cost of electronic home 28
monitoring. The county or municipality in which the penalty is being 29
imposed shall determine the cost. The court may also require the 30
offender's electronic home monitoring device to include an alcohol 31
detection breathalyzer or other separate alcohol monitoring device, 32
and the court may restrict the amount of alcohol the offender may 33
consume during the time the offender is on electronic home 34
monitoring; and 35
(ii) By a fine of not less than $500 nor more than $5,000. $500 36
of the fine may not be suspended unless the court finds the offender 37
to be indigent. 38
(2) One prior offense in seven years. Except as provided in RCW 39
46.61.502(6) or 46.61.504(6), a person who is convicted of a 40
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violation of RCW 46.61.502 or 46.61.504 and who has one prior offense 1
within seven years shall be punished as follows: 2
(a) Penalty for alcohol concentration less than ((0.15)) 0.10. In 3
the case of a person whose alcohol concentration was less than 4
((0.15)) 0.10, or for whom for reasons other than the person's 5
refusal to take a test offered pursuant to RCW 46.20.308 there is no 6
test result indicating the person's alcohol concentration:7
(i) By imprisonment for not less than 30 days nor more than 364 8
days and 60 days of electronic home monitoring. Thirty days of 9
imprisonment and 60 days of electronic home monitoring may not be 10
suspended or converted unless the court finds that the imposition of 11
this mandatory minimum sentence would impose a substantial risk to 12
the offender's physical or mental well-being. If the offender shows 13
that the imposition of this mandatory minimum sentence would impose a 14
substantial risk to the offender's physical or mental well-being, in 15
lieu of the mandatory term of imprisonment and electronic home 16
monitoring under this subsection (2)(a)(i), the court may order a 17
minimum of either 180 days of electronic home monitoring or a 120-day 18
period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 19
through 36.28A.390. Whenever the mandatory minimum sentence is 20
suspended or converted, the court shall state in writing the reason 21
for granting the suspension or conversion and the facts upon which 22
the suspension or conversion is based. The court may consider the 23
offender's pretrial 24/7 sobriety program monitoring as fulfilling a 24
portion of posttrial sentencing. The court shall order an expanded 25
substance use disorder assessment and treatment, if deemed 26
appropriate by the assessment. The offender shall pay for the cost of 27
the electronic monitoring. The county or municipality where the 28
penalty is being imposed shall determine the cost. The court may also 29
require the offender's electronic home monitoring device include an 30
alcohol detection breathalyzer or other separate alcohol monitoring 31
device, and may restrict the amount of alcohol the offender may 32
consume during the time the offender is on electronic home 33
monitoring; and 34
(ii) By a fine of not less than $500 nor more than $5,000. $500 35
of the fine may not be suspended unless the court finds the offender 36
to be indigent; ((or))37
(b) Penalty for alcohol concentration at least 0.10. In the case 38
of a person whose alcohol concentration was at least 0.10:39
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(i) By imprisonment for not less than 40 days nor more than 364 1
days. In lieu of the mandatory minimum term of imprisonment required 2
under this subsection (2)(b)(i), the court, in its discretion, may 3
order not less than 40 days of electronic home monitoring or a 120-4
day period of 24/7 sobriety program monitoring. The court may 5
consider the offender's pretrial 24/7 sobriety program testing as 6
fulfilling a portion of posttrial sentencing. The offender shall pay 7
the cost of electronic home monitoring. The county or municipality in 8
which the penalty is being imposed shall determine the cost. The 9
county or municipality may also require the offender's electronic 10
home monitoring device to include an alcohol detection breathalyzer 11
or other separate alcohol monitoring device, and the court may 12
restrict the amount of alcohol the offender may consume during the 13
time the offender is on electronic home monitoring; and14
(ii) By a fine of not less than $600 nor more than $5,000. $600 15
of the fine may not be suspended unless the court finds the offender 16
to be indigent; or17
(c) Penalty for alcohol concentration at least ((0.15)) 0.12. In 18
the case of a person whose alcohol concentration was at least 19
((0.15)) 0.12, or for whom by reason of the person's refusal to take 20
a test offered pursuant to RCW 46.20.308 there is no test result 21
indicating the person's alcohol concentration: 22
(i) By imprisonment for not less than 45 days nor more than 364 23
days and 90 days of electronic home monitoring. Forty-five days of 24
imprisonment and 90 days of electronic home monitoring may not be 25
suspended or converted unless the court finds that the imposition of 26
this mandatory minimum sentence would impose a substantial risk to 27
the offender's physical or mental well-being. If the offender shows 28
that the imposition of this mandatory minimum sentence would impose a 29
substantial risk to the offender's physical or mental well-being, in 30
lieu of the mandatory minimum term of imprisonment and electronic 31
home monitoring under this subsection (2)(((b))) (c)(i), the court 32
may order a minimum of either six months of electronic home 33
monitoring or a 120-day period of 24/7 sobriety program monitoring 34
pursuant to RCW 36.28A.300 through 36.28A.390. Whenever the mandatory 35
minimum sentence is suspended or converted, the court shall state in 36
writing the reason for granting the suspension or conversion and the 37
facts upon which the suspension or conversion is based. The court may 38
consider the offender's pretrial 24/7 sobriety program monitoring as 39
fulfilling a portion of posttrial sentencing. The court shall order 40
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an expanded substance use disorder assessment and treatment, if 1
deemed appropriate by the assessment. The offender shall pay for the 2
cost of the electronic monitoring. The county or municipality where 3
the penalty is being imposed shall determine the cost. The court may 4
also require the offender's electronic home monitoring device include 5
an alcohol detection breathalyzer or other separate alcohol 6
monitoring device, and may restrict the amount of alcohol the 7
offender may consume during the time the offender is on electronic 8
home monitoring; and 9
(ii) By a fine of not less than $750 nor more than $5,000. $750 10
of the fine may not be suspended unless the court finds the offender 11
to be indigent. 12
(3) Two prior offenses in seven years. Except as provided in RCW 13
46.61.502(6) or 46.61.504(6), a person who is convicted of a 14
violation of RCW 46.61.502 or 46.61.504 and who has two prior 15
offenses within seven years shall be punished as follows:16
(a) Penalty for alcohol concentration less than ((0.15)) 0.10. In 17
the case of a person whose alcohol concentration was less than 18
((0.15)) 0.10, or for whom for reasons other than the person's 19
refusal to take a test offered pursuant to RCW 46.20.308 there is no 20
test result indicating the person's alcohol concentration:21
(i) By imprisonment for not less than 90 days nor more than 364 22
days, if available in that county or city, a six-month period of 24/7 23
sobriety program monitoring pursuant to RCW 36.28A.300 through 24
36.28A.390, and 120 days of electronic home monitoring. Ninety days 25
of imprisonment and 120 days of electronic home monitoring may not be 26
suspended or converted unless the court finds that the imposition of 27
this mandatory minimum sentence would impose a substantial risk to 28
the offender's physical or mental well-being. If the offender shows 29
that the imposition of this mandatory minimum sentence would impose a 30
substantial risk to the offender's physical or mental well-being, in 31
lieu of the mandatory minimum term of 90 days of imprisonment and 120 32
days of electronic home monitoring, the court may order 360 days of 33
electronic home monitoring or a 360-day period of 24/7 sobriety 34
monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever 35
the mandatory minimum sentence is suspended or converted, the court 36
shall state in writing the reason for granting the suspension or 37
conversion and the facts upon which the suspension or conversion is 38
based. The court shall order an expanded substance use disorder 39
assessment and treatment, if deemed appropriate by the assessment. 40
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The offender shall pay for the cost of the electronic monitoring. The 1
county or municipality where the penalty is being imposed shall 2
determine the cost. The court may also require the offender's 3
electronic home monitoring device include an alcohol detection 4
breathalyzer or other separate alcohol monitoring device, and may 5
restrict the amount of alcohol the offender may consume during the 6
time the offender is on electronic home monitoring; and7
(ii) By a fine of not less than $1,000 nor more than $5,000. 8
$1,000 of the fine may not be suspended unless the court finds the 9
offender to be indigent; ((or))10
(b) Penalty for alcohol concentration at least ((0.15)) 0.10. In 11
the case of a person whose alcohol concentration was at least 12
((0.15)) 0.10, or for whom by reason of the person's refusal to take 13
a test offered pursuant to RCW 46.20.308 there is no test result 14
indicating the person's alcohol concentration: 15
(i) By imprisonment for not less than 120 days nor more than 364 16
days, if available in that county or city, a six-month period of 24/7 17
sobriety program monitoring pursuant to RCW 36.28A.300 through 18
36.28A.390, and 150 days of electronic home monitoring. One hundred 19
twenty days of imprisonment and 150 days of electronic home 20
monitoring may not be suspended or converted unless the court finds 21
that the imposition of this mandatory minimum sentence would impose a 22
substantial risk to the offender's physical or mental well-being. If 23
the offender shows that the imposition of this mandatory minimum 24
sentence would impose a substantial risk to the offender's physical 25
or mental well-being, in lieu of the mandatory minimum term of 120 26
days of imprisonment and 150 days of electronic home monitoring, the 27
court may order 360 days of electronic home monitoring or a 360-day 28
period of 24/7 sobriety monitoring pursuant to RCW 36.28A.300 through 29
36.28A.390. Whenever the mandatory minimum sentence is suspended or 30
converted, the court shall state in writing the reason for granting 31
the suspension or conversion and the facts upon which the suspension 32
or conversion is based. The offender shall pay for the cost of the 33
electronic monitoring. The court shall order an expanded substance 34
use disorder assessment and treatment, if deemed appropriate by the 35
assessment. The county or municipality where the penalty is being 36
imposed shall determine the cost. The court may also require the 37
offender's electronic home monitoring device include an alcohol 38
detection breathalyzer or other separate alcohol monitoring device, 39
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and may restrict the amount of alcohol the offender may consume 1
during the time the offender is on electronic home monitoring; and2
(ii) By a fine of not less than $1,500 nor more than $5,000. 3
$1,500 ((dollars)) of the fine may not be suspended unless the court 4
finds the offender to be indigent; or5
(c) Penalty for alcohol concentration at least 0.12. In the case 6
of a person whose alcohol concentration was at least 0.12, or for 7
whom by reason of the person's refusal to take a test offered 8
pursuant to RCW 46.20.308, there is no test result indicating the 9
person's alcohol concentration:10
(i) By imprisonment for not less than 120 days nor more than 364 11
days, if available in that county or city, a six-month period of 24/7 12
sobriety program monitoring pursuant to RCW 36.28A.300 through 13
36.28A.390, and 150 days of electronic home monitoring. 120 days of 14
imprisonment and 150 days of electronic home monitoring may not be 15
suspended or converted unless the court finds that the imposition of 16
this mandatory minimum sentence would impose a substantial risk to 17
the offender's physical or mental well-being. If the offender shows 18
that the imposition of this mandatory minimum sentence would impose a 19
substantial risk to the offender's physical or mental well-being, in 20
lieu of the mandatory minimum term of 120 days of imprisonment and 21
150 days of electronic home monitoring, the court may order 360 days 22
of electronic home monitoring or a 360-day period of 24/7 sobriety 23
monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever 24
the mandatory minimum sentence is suspended or converted, the court 25
shall state in writing the reason for granting the suspension or 26
conversion and the facts upon which the suspension or conversion is 27
based. The offender shall pay the cost of the electronic home 28
monitoring. The court shall order an expanded substance use disorder 29
assessment and treatment, if deemed appropriate by the assessment. 30
The county or municipality where the penalty is being imposed shall 31
determine the cost. The court may also require the offender's 32
electronic home monitoring device include an alcohol detection 33
breathalyzer or other separate alcohol monitoring device, and may 34
restrict the amount of alcohol the offender may consume during the 35
time the offender is on electronic home monitoring; and36
(ii) By a fine of not less than $1,500 nor more than $5,000. 37
$1,500 of the fine may not be suspended unless the court finds the 38
offender to be indigent. 39
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(4) Three or more prior offenses in ((15)) 10 years. A person who 1
is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be 2
punished under chapter 9.94A RCW if: 3
(a) The person has three or more prior offenses within ((15)) 10 4
years; or 5
(b) The person has ever previously been convicted of:6
(i) A violation of RCW 46.61.520 committed while under the 7
influence of intoxicating liquor or any drug; 8
(ii) A violation of RCW 46.61.522 committed while under the 9
influence of intoxicating liquor or any drug; 10
(iii) An out-of-state offense comparable to the offense specified 11
in (b)(i) or (ii) of this subsection; or 12
(iv) A violation of RCW 46.61.502(6) or 46.61.504(6).13
(5) Monitoring. (a) Ignition interlock device. The court shall 14
require any person convicted of a violation of RCW 46.61.502 or 15
46.61.504 or an equivalent local ordinance to comply with the rules 16
and requirements of the department regarding the installation and use 17
of a functioning ignition interlock device installed on all motor 18
vehicles operated by the person. 19
(b) Monitoring devices. If the court orders that a person refrain 20
from consuming any alcohol, the court may order the person to submit 21
to alcohol monitoring through an alcohol detection breathalyzer 22
device, transdermal sensor device, or other technology designed to 23
detect alcohol in a person's system. The person shall pay for the 24
cost of the monitoring, unless the court specifies that the cost of 25
monitoring will be paid with funds that are available from an 26
alternative source identified by the court. The county or 27
municipality where the penalty is being imposed shall determine the 28
cost. 29
(c) 24/7 sobriety program monitoring. In any county or city where 30
a 24/7 sobriety program is available and verified by the Washington 31
association of sheriffs and police chiefs, the court shall:32
(i) Order the person to install and use a functioning ignition 33
interlock or other device in lieu of such period of 24/7 sobriety 34
program monitoring; 35
(ii) Order the person to a period of 24/7 sobriety program 36
monitoring pursuant to subsections (1) through (3) of this section; 37
or 38
(iii) Order the person to install and use a functioning ignition 39
interlock or other device in addition to a period of 24/7 sobriety 40
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program monitoring pursuant to subsections (1) through (3) of this 1
section. 2
(6) Penalty for having a minor passenger in vehicle. If a person 3
who is convicted of a violation of RCW 46.61.502 or 46.61.504 4
committed the offense while one or more passengers under the age of 5
16 were in the vehicle, the court shall: 6
(a) Order the use of an ignition interlock or other device for an 7
additional 12 months for each passenger under the age of 16 when the 8
person is subject to the penalties under subsection (1)(a), (2)(a), 9
or (3)(a) of this section; and order the use of an ignition interlock 10
device for an additional 18 months for each passenger under the age 11
of 16 when the person is subject to the penalties under subsection 12
(1)(((b))) (c), (2)(((b))) (c), (3)(b), or (4) of this section;13
(b) In any case in which the person has no prior offenses within 14
seven years, and except as provided in RCW 46.61.502(6) or 15
46.61.504(6), order an additional 24 hours of imprisonment to be 16
served consecutively for each passenger under the age of 16, and a 17
fine of not less than $1,000 and not more than $5,000 for each 18
passenger under the age of 16. $1,000 of the fine for each passenger 19
under the age of 16 may not be suspended unless the court finds the 20
offender to be indigent; 21
(c) In any case in which the person has one prior offense within 22
seven years, and except as provided in RCW 46.61.502(6) or 23
46.61.504(6), order an additional five days of imprisonment to be 24
served consecutively for each passenger under the age of 16, and a 25
fine of not less than $2,000 and not more than $5,000 for each 26
passenger under the age of 16. One thousand dollars of the fine for 27
each passenger under the age of 16 may not be suspended unless the 28
court finds the offender to be indigent; 29
(d) In any case in which the person has two prior offenses within 30
seven years, and except as provided in RCW 46.61.502(6) or 31
46.61.504(6), order an additional ten days of imprisonment to be 32
served consecutively for each passenger under the age of 16, and a 33
fine of not less than $3,000 and not more than $10,000 for each 34
passenger under the age of 16. $1,000 of the fine for each passenger 35
under the age of 16 may not be suspended unless the court finds the 36
offender to be indigent. 37
(7) Other items courts must consider while setting penalties. In 38
exercising its discretion in setting penalties within the limits 39
p. 14 SB 5664
allowed by this section, the court shall particularly consider the 1
following: 2
(a) Whether the person's driving at the time of the offense was 3
responsible for injury or damage to another or another's property;4
(b) Whether at the time of the offense the person was driving or 5
in physical control of a vehicle with one or more passengers;6
(c) Whether the driver was driving in the opposite direction of 7
the normal flow of traffic on a multiple lane highway, as defined by 8
RCW 46.04.350, with a posted speed limit of 45 miles per hour or 9
greater; and 10
(d) Whether a child passenger under the age of 16 was an occupant 11
in the driver's vehicle. 12
(8) Treatment and information school. An offender punishable 13
under this section is subject to the substance use disorder 14
assessment and treatment provisions of RCW 46.61.5056.15
(9) Driver's license privileges of the defendant. (a) The 16
license, permit, or nonresident privilege of a person convicted of 17
driving or being in physical control of a motor vehicle while under 18
the influence of intoxicating liquor or drugs must:19
(i) Penalty for alcohol concentration less than 0.15. If the 20
person's alcohol concentration was less than 0.15, or if for reasons 21
other than the person's refusal to take a test offered under RCW 22
46.20.308 there is no test result indicating the person's alcohol 23
concentration: 24
(A) Where there has been no prior offense within seven years, be 25
suspended or denied by the department for 90 days or until the person 26
is evaluated by a substance use disorder agency or probation 27
department pursuant to RCW 46.20.311 and the person completes or is 28
enrolled in a 90-day period of 24/7 sobriety program monitoring. In 29
no circumstances shall the license suspension be for fewer than two 30
days; 31
(B) Where there has been one prior offense within seven years, be 32
revoked or denied by the department for two years or until the person 33
is evaluated by a substance use disorder agency or probation 34
department pursuant to RCW 46.20.311 and the person completes or is 35
enrolled in a six-month period of 24/7 sobriety program monitoring. 36
In no circumstances shall the license suspension be for less than one 37
year; or 38
(C) Where there have been two or more prior offenses within seven 39
years, be revoked or denied by the department for three years;40
p. 15 SB 5664
(ii) Penalty for alcohol concentration at least 0.15. If the 1
person's alcohol concentration was at least 0.15: 2
(A) Where there has been no prior offense within seven years, be 3
revoked or denied by the department for one year or until the person 4
is evaluated by a substance use disorder agency or probation 5
department pursuant to RCW 46.20.311 and the person completes or is 6
enrolled in a one hundred twenty day period of 24/7 sobriety program 7
monitoring. In no circumstances shall the license revocation be for 8
fewer than four days; 9
(B) Where there has been one prior offense within seven years, be 10
revoked or denied by the department for 900 days; or11
(C) Where there have been two or more prior offenses within seven 12
years, be revoked or denied by the department for four years; or13
(iii) Penalty for refusing to take test. If by reason of the 14
person's refusal to take a test offered under RCW 46.20.308, there is 15
no test result indicating the person's alcohol concentration:16
(A) Where there have been no prior offenses within seven years, 17
be revoked or denied by the department for two years;18
(B) Where there has been one prior offense within seven years, be 19
revoked or denied by the department for three years; or20
(C) Where there have been two or more previous offenses within 21
seven years, be revoked or denied by the department for four years.22
(b)(i) The department shall grant credit on a day-for-day basis 23
for a suspension, revocation, or denial imposed under this subsection 24
(9) for any portion of a suspension, revocation, or denial already 25
served under RCW 46.20.3101 arising out of the same incident.26
(ii) If a person has already served a suspension, revocation, or 27
denial under RCW 46.20.3101 for a period equal to or greater than the 28
period imposed under this subsection (9), the department shall 29
provide notice of full credit, shall provide for no further 30
suspension or revocation under this subsection provided the person 31
has completed the requirements under RCW 46.20.311 and paid the 32
probationary license fee under RCW 46.20.355 by the date specified in 33
the notice under RCW 46.20.245, and shall impose no additional 34
reissue fees for this credit. 35
(c) Upon receipt of a notice from the court under RCW 36.28A.390 36
that a participant has been removed from a 24/7 sobriety program, the 37
department must resume any suspension, revocation, or denial that had 38
been terminated early under this subsection due to participation in 39
the program, granting credit on a day-for-day basis for any portion 40
p. 16 SB 5664
of a suspension, revocation, or denial already served under RCW 1
46.20.3101 or this section arising out of the same incident.2
(d) Upon its own motion or upon motion by a person, a court may 3
find, on the record, that notice to the department under RCW 4
46.20.270 has been delayed for three years or more as a result of a 5
clerical or court error. If so, the court may order that the person's 6
license, permit, or nonresident privilege shall not be revoked, 7
suspended, or denied for that offense. The court shall send notice of 8
the finding and order to the department and to the person. Upon 9
receipt of the notice from the court, the department shall not 10
revoke, suspend, or deny the license, permit, or nonresident 11
privilege of the person for that offense. 12
(e) For purposes of this subsection (9), the department shall 13
refer to the driver's record maintained under RCW 46.52.120 when 14
determining the existence of prior offenses. 15
(10) Probation of driving privilege. After expiration of any 16
period of suspension, revocation, or denial of the offender's 17
license, permit, or privilege to drive required by this section, the 18
department shall place the offender's driving privilege in 19
probationary status pursuant to RCW 46.20.355. 20
(11) Conditions of probation. (a) In addition to any 21
nonsuspendable and nondeferrable jail sentence required by this 22
section, whenever the court imposes up to 364 days in jail, the court 23
shall also suspend but shall not defer a period of confinement for a 24
period not exceeding five years. The court shall impose conditions of 25
probation that include: (i) Not driving a motor vehicle within this 26
state without a valid license to drive; (ii) not driving a motor 27
vehicle within this state without proof of liability insurance or 28
other financial responsibility for the future pursuant to RCW 29
46.30.020; (iii) not driving or being in physical control of a motor 30
vehicle within this state while having an alcohol concentration of 31
((0.08)) 0.05 or more or a THC concentration of 5.00 nanograms per 32
milliliter of whole blood or higher, within two hours after driving; 33
(iv) not refusing to submit to a test of his or her breath or blood 34
to determine alcohol or drug concentration upon request of a law 35
enforcement officer who has reasonable grounds to believe the person 36
was driving or was in actual physical control of a motor vehicle 37
within this state while under the influence of intoxicating liquor or 38
drug; and (v) not driving a motor vehicle in this state without a 39
functioning ignition interlock device as required by the department 40
p. 17 SB 5664
under RCW 46.20.720. The court may impose conditions of probation 1
that include nonrepetition, installation of an ignition interlock 2
device on the probationer's motor vehicle, substance use disorder 3
treatment, supervised probation, or other conditions that may be 4
appropriate. The sentence may be imposed in whole or in part upon 5
violation of a condition of probation during the suspension period.6
(b) For each violation of mandatory conditions of probation under 7
(a)(i), (ii), (iii), (iv), or (v) of this subsection, the court shall 8
order the convicted person to be confined for 30 days, which shall 9
not be suspended or deferred. 10
(c)(i) Except as provided in (c)(ii) of this subsection, for each 11
incident involving a violation of a mandatory condition of probation 12
imposed under this subsection, the license, permit, or privilege to 13
drive of the person shall be suspended by the court for 30 days or, 14
if such license, permit, or privilege to drive already is suspended, 15
revoked, or denied at the time the finding of probation violation is 16
made, the suspension, revocation, or denial then in effect shall be 17
extended by 30 days. The court shall notify the department of any 18
suspension, revocation, or denial or any extension of a suspension, 19
revocation, or denial imposed under this subsection. The person may 20
apply for an ignition interlock driver's license under RCW 46.20.385 21
during the suspension period. 22
(ii) For each incident involving a violation of RCW 23
46.20.342(1)(c), the court has discretion not to impose a suspension 24
when the person provides the court with proof that the violation has 25
been cured within 30 days. The court is not required to notify the 26
department of the violation unless it is not cured within 30 days.27
(12) Waiver of electronic home monitoring. A court may waive the 28
electronic home monitoring requirements of this chapter when:29
(a) The offender does not have a dwelling, telephone service, or 30
any other necessity to operate an electronic home monitoring system. 31
However, if a court determines that an alcohol monitoring device 32
utilizing wireless reporting technology is reasonably available, the 33
court may require the person to obtain such a device during the 34
period of required electronic home monitoring; 35
(b) The offender does not reside in the state of Washington; or36
(c) The court determines that there is reason to believe that the 37
offender would violate the conditions of the electronic home 38
monitoring penalty. 39
p. 18 SB 5664
Whenever the mandatory minimum term of electronic home monitoring 1
is waived, the court shall state in writing the reason for granting 2
the waiver and the facts upon which the waiver is based, and shall 3
impose an alternative sentence with similar punitive consequences. 4
The alternative sentence may include, but is not limited to, use of 5
an ignition interlock device, the 24/7 sobriety program monitoring, 6
additional jail time, work crew, or work camp. 7
Whenever the combination of jail time and electronic home 8
monitoring or alternative sentence would exceed 364 days, the 9
offender shall serve the jail portion of the sentence first, and the 10
electronic home monitoring or alternative portion of the sentence 11
shall be reduced so that the combination does not exceed 364 days.12
(13) Extraordinary medical placement. An offender serving a 13
sentence under this section, whether or not a mandatory minimum term 14
has expired, may be granted an extraordinary medical placement by the 15
jail administrator subject to the standards and limitations set forth 16
in RCW 9.94A.728(1)(c). 17
(14) Definitions. For purposes of this section and RCW 46.61.502 18
and 46.61.504: 19
(a) A "prior offense" means any of the following:20
(i) A conviction for a violation of RCW 46.61.502 or an 21
equivalent local ordinance; 22
(ii) A conviction for a violation of RCW 46.61.504 or an 23
equivalent local ordinance; 24
(iii) A conviction for a violation of RCW 46.25.110 or an 25
equivalent local ordinance; 26
(iv) A conviction for a violation of RCW 79A.60.040(2) or an 27
equivalent local ordinance; 28
(v) A conviction for a violation of RCW 79A.60.040(1) or an 29
equivalent local ordinance committed in a reckless manner if the 30
conviction is the result of a charge that was originally filed as a 31
violation of RCW 79A.60.040(2) or an equivalent local ordinance;32
(vi) A conviction for a violation of RCW 47.68.220 or an 33
equivalent local ordinance committed while under the influence of 34
intoxicating liquor or any drug; 35
(vii) A conviction for a violation of RCW 47.68.220 or an 36
equivalent local ordinance committed in a careless or reckless manner 37
if the conviction is the result of a charge that was originally filed 38
as a violation of RCW 47.68.220 or an equivalent local ordinance 39
while under the influence of intoxicating liquor or any drug;40
p. 19 SB 5664
(viii) A conviction for a violation of RCW 46.09.470(2) or an 1
equivalent local ordinance; 2
(ix) A conviction for a violation of RCW 46.10.490(2) or an 3
equivalent local ordinance; 4
(x) A conviction for a violation of RCW 46.61.520 committed while 5
under the influence of intoxicating liquor or any drug, or a 6
conviction for a violation of RCW 46.61.520 committed in a reckless 7
manner or with the disregard for the safety of others if the 8
conviction is the result of a charge that was originally filed as a 9
violation of RCW 46.61.520 committed while under the influence of 10
intoxicating liquor or any drug; 11
(xi) A conviction for a violation of RCW 46.61.522 committed 12
while under the influence of intoxicating liquor or any drug, or a 13
conviction for a violation of RCW 46.61.522 committed in a reckless 14
manner or with the disregard for the safety of others if the 15
conviction is the result of a charge that was originally filed as a 16
violation of RCW 46.61.522 committed while under the influence of 17
intoxicating liquor or any drug; 18
(xii) A conviction for a violation of RCW 46.61.5249, 46.61.500, 19
or 9A.36.050 or an equivalent local ordinance, if the conviction is 20
the result of a charge that was originally filed as a violation of 21
RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of 22
RCW 46.61.520 or 46.61.522; 23
(xiii) An out-of-state conviction for a violation that would have 24
been a violation of (a)(i), (ii), (x), (xi), or (xii) of this 25
subsection if committed in this state; 26
(xiv) A deferred prosecution under chapter 10.05 RCW granted in a 27
prosecution for a violation of RCW 46.61.502, 46.61.504, or an 28
equivalent local ordinance; 29
(xv) A deferred prosecution under chapter 10.05 RCW granted in a 30
prosecution for a violation of RCW 46.61.5249, or an equivalent local 31
ordinance, if the charge under which the deferred prosecution was 32
granted was originally filed as a violation of RCW 46.61.502 or 33
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 34
46.61.522; 35
(xvi) A deferred prosecution granted in another state for a 36
violation of driving or having physical control of a vehicle while 37
under the influence of intoxicating liquor or any drug if the out-of-38
state deferred prosecution is equivalent to the deferred prosecution 39
p. 20 SB 5664
under chapter 10.05 RCW, including a requirement that the defendant 1
participate in a chemical dependency treatment program; or2
(xvii) A deferred sentence imposed in a prosecution for a 3
violation of RCW 46.61.5249, 46.61.500, or 9A.36.050, or an 4
equivalent local ordinance, if the charge under which the deferred 5
sentence was imposed was originally filed as a violation of RCW 6
46.61.502 or 46.61.504, or an equivalent local ordinance, or a 7
violation of RCW 46.61.520 or 46.61.522; 8
If a deferred prosecution is revoked based on a subsequent 9
conviction for an offense listed in this subsection (14)(a), the 10
subsequent conviction shall not be treated as a prior offense of the 11
revoked deferred prosecution for the purposes of sentencing;12
(b) "Treatment" means substance use disorder treatment licensed 13
or certified by the department of health; 14
(c) "Within seven years" means that the arrest for a prior 15
offense occurred within seven years before or after the arrest for 16
the current offense; and 17
(d) "Within 15 years" means that the arrest for a prior offense 18
occurred within 15 years before or after the arrest for the current 19
offense. 20
(15) All fines imposed by this section apply to adult offenders 21
only. 22
Sec. 5. RCW 46.61.506 and 2020 c 80 s 33 are each amended to 23
read as follows: 24
(1) Upon the trial of any civil or criminal action or proceeding 25
arising out of acts alleged to have been committed by any person 26
while driving or in actual physical control of a vehicle while under 27
the influence of intoxicating liquor or any drug, if the person's 28
alcohol concentration is less than ((0.08)) 0.05 or the person's THC 29
concentration is less than 5.00, it is evidence that may be 30
considered with other competent evidence in determining whether the 31
person was under the influence of intoxicating liquor or any drug.32
(2)(a) The breath analysis of the person's alcohol concentration 33
shall be based upon grams of alcohol per ((two hundred ten )) 210 34
liters of breath. 35
(b) The blood analysis of the person's THC concentration shall be 36
based upon nanograms per milliliter of whole blood.37
(c) The foregoing provisions of this section shall not be 38
construed as limiting the introduction of any other competent 39
p. 21 SB 5664
evidence bearing upon the question whether the person was under the 1
influence of intoxicating liquor or any drug. 2
(3) Analysis of the person's blood or breath to be considered 3
valid under the provisions of this section or RCW 46.61.502 or 4
46.61.504 shall have been performed according to methods approved by 5
the state toxicologist and by an individual possessing a valid permit 6
issued by the state toxicologist for this purpose. The state 7
toxicologist is directed to approve satisfactory techniques or 8
methods, to supervise the examination of individuals to ascertain 9
their qualifications and competence to conduct such analyses, and to 10
issue permits which shall be subject to termination or revocation at 11
the discretion of the state toxicologist. 12
(4)(a) A breath test performed by any instrument approved by the 13
state toxicologist shall be admissible at trial or in an 14
administrative proceeding if the prosecution or department produces 15
prima facie evidence of the following: 16
(i) The person who performed the test was authorized to perform 17
such test by the state toxicologist; 18
(ii) The person being tested did not vomit or have anything to 19
eat, drink, or smoke for at least ((fifteen)) 15 minutes prior to 20
administration of the test; 21
(iii) The person being tested did not have any foreign 22
substances, not to include dental work or piercings, fixed or 23
removable, in his or her mouth at the beginning of the ((fifteen-24
minute)) 15-minute observation period; 25
(iv) Prior to the start of the test, the temperature of any 26
liquid simulator solution utilized as an external standard, as 27
measured by a thermometer approved of by the state toxicologist was 28
((thirty-four)) 34 degrees centigrade plus or minus 0.3 degrees 29
centigrade; 30
(v) The internal standard test resulted in the message 31
"verified"; 32
(vi) The two breath samples agree to within plus or minus ((ten)) 33
10 percent of their mean to be determined by the method approved by 34
the state toxicologist; 35
(vii) The result of the test of the liquid simulator solution 36
external standard or dry gas external standard result did lie between 37
((.072 to .088)) .045 to .055 inclusive; and 38
(viii) All blank tests gave results of .000. 39
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(b) For purposes of this section, "prima facie evidence" is 1
evidence of sufficient circumstances that would support a logical and 2
reasonable inference of the facts sought to be proved. In assessing 3
whether there is sufficient evidence of the foundational facts, the 4
court or administrative tribunal is to assume the truth of the 5
prosecution's or department's evidence and all reasonable inferences 6
from it in a light most favorable to the prosecution or department.7
(c) Nothing in this section shall be deemed to prevent the 8
subject of the test from challenging the reliability or accuracy of 9
the test, the reliability or functioning of the instrument, or any 10
maintenance procedures. Such challenges, however, shall not preclude 11
the admissibility of the test once the prosecution or department has 12
made a prima facie showing of the requirements contained in (a) of 13
this subsection. Instead, such challenges may be considered by the 14
trier of fact in determining what weight to give to the test result.15
(5) When a blood test is administered under the provisions of RCW 16
46.20.308, the withdrawal of blood for the purpose of determining its 17
alcohol or drug content may be performed only by a physician licensed 18
under chapter 18.71 RCW; an osteopathic physician licensed under 19
chapter 18.57 RCW; a registered nurse, licensed practical nurse, or 20
advanced registered nurse practitioner licensed under chapter 18.79 21
RCW; a physician assistant licensed under chapter 18.71A RCW; an 22
advanced emergency medical technician or paramedic certified under 23
chapter 18.71 RCW; or a medical assistant-certified or medical 24
assistant-phlebotomist certified under chapter 18.360 RCW, a person 25
holding another credential under Title 18 RCW whose scope of practice 26
includes performing venous blood draws, or a forensic phlebotomist 27
certified under chapter 18.360 RCW. When the blood test is performed 28
outside the state of Washington, the withdrawal of blood for the 29
purpose of determining its alcohol or drug content may be performed 30
by any person who is authorized by the out-of-state jurisdiction to 31
perform venous blood draws. Proof of qualification to draw blood may 32
be established through the department of health's provider credential 33
search. This limitation shall not apply to the taking of breath 34
specimens. 35
(6) When a venous blood sample is performed by a forensic 36
phlebotomist certified under chapter 18.360 RCW, it must be done 37
under the following conditions: 38
p. 23 SB 5664
(a) If taken at the scene, it must be performed in an ambulance 1
or aid service vehicle licensed by the department of health under 2
chapter 18.73 RCW. 3
(b) The collection of blood samples must not interfere with the 4
provision of essential medical care. 5
(c) The blood sample must be collected using sterile equipment 6
and the skin area of puncture must be thoroughly cleansed and 7
disinfected. 8
(d) The person whose blood is collected must be seated, reclined, 9
or lying down when the blood is collected. 10
(7) The person tested may have a licensed or certified health 11
care provider listed in subsection (5) of this section, or a 12
qualified technician, chemist, or other qualified person of his or 13
her own choosing administer one or more tests in addition to any 14
administered at the direction of a law enforcement officer. The test 15
will be admissible if the person establishes the general 16
acceptability of the testing technique or method. The failure or 17
inability to obtain an additional test by a person shall not preclude 18
the admission of evidence relating to the test or tests taken at the 19
direction of a law enforcement officer. 20
(8) Upon the request of the person who shall submit to a test or 21
tests at the request of a law enforcement officer, full information 22
concerning the test or tests shall be made available to him or her or 23
his or her attorney. 24
Sec. 6. RCW 46.20.308 and 2022 c 16 s 38 are each amended to 25
read as follows: 26
(1) Any person who operates a motor vehicle within this state is 27
deemed to have given consent, subject to the provisions of RCW 28
46.61.506, to a test or tests of his or her breath for the purpose of 29
determining the alcohol concentration in his or her breath if 30
arrested for any offense where, at the time of the arrest, the 31
arresting officer has reasonable grounds to believe the person had 32
been driving or was in actual physical control of a motor vehicle 33
while under the influence of intoxicating liquor or any drug or was 34
in violation of RCW 46.61.503. 35
(2) The test or tests of breath shall be administered at the 36
direction of a law enforcement officer having reasonable grounds to 37
believe the person to have been driving or in actual physical control 38
of a motor vehicle within this state while under the influence of 39
p. 24 SB 5664
intoxicating liquor or any drug or the person to have been driving or 1
in actual physical control of a motor vehicle while having alcohol in 2
a concentration in violation of RCW 46.61.503 in his or her system 3
and being under the age of ((twenty-one)) 21. Prior to administering 4
a breath test pursuant to this section, the officer shall inform the 5
person of his or her right under this section to refuse the breath 6
test, and of his or her right to have additional tests administered 7
by any qualified person of his or her choosing as provided in RCW 8
46.61.506. The officer shall warn the driver, in substantially the 9
following language, that: 10
(a) If the driver refuses to take the test, the driver's license, 11
permit, or privilege to drive will be revoked or denied for at least 12
one year; and 13
(b) If the driver refuses to take the test, the driver's refusal 14
to take the test may be used in a criminal trial; and15
(c) If the driver submits to the test and the test is 16
administered, the driver's license, permit, or privilege to drive 17
will be suspended, revoked, or denied for at least ((ninety)) 90 days 18
if: 19
(i) The driver is age ((twenty-one)) 21 or over and the test 20
indicates either that the alcohol concentration of the driver's 21
breath is ((0.08)) 0.05 or more; or 22
(ii) The driver is under age ((twenty-one)) 21 and the test 23
indicates either that the alcohol concentration of the driver's 24
breath is 0.02 or more; or 25
(iii) The driver is under age ((twenty-one)) 21 and the driver is 26
in violation of RCW 46.61.502 or 46.61.504; and 27
(d) If the driver's license, permit, or privilege to drive is 28
suspended, revoked, or denied the driver may be eligible to 29
immediately apply for an ignition interlock driver's license.30
(3) If, following his or her arrest and receipt of warnings under 31
subsection (2) of this section, the person arrested exercises the 32
right, granted herein, by refusing upon the request of a law 33
enforcement officer to submit to a test or tests of his or her 34
breath, no test shall be given except as otherwise authorized by law.35
(4) Nothing in subsection (1), (2), or (3) of this section 36
precludes a law enforcement officer from obtaining a person's blood 37
to test for alcohol, cannabis, or any drug, pursuant to a search 38
warrant, a valid waiver of the warrant requirement, when exigent 39
circumstances exist, or under any other authority of law. Any blood 40
p. 25 SB 5664
drawn for the purpose of determining the person's alcohol, cannabis 1
levels, or any drug, is drawn pursuant to this section when the 2
officer has reasonable grounds to believe that the person is in 3
physical control or driving a vehicle under the influence or in 4
violation of RCW 46.61.503. 5
(5) If, after arrest and after any other applicable conditions 6
and requirements of this section have been satisfied, a test or tests 7
of the person's blood or breath is administered and the test results 8
indicate that the alcohol concentration of the person's breath or 9
blood is ((0.08)) 0.05 or more, or the THC concentration of the 10
person's blood is 5.00 or more, if the person is age ((twenty-one)) 11
21 or over, or that the alcohol concentration of the person's breath 12
or blood is 0.02 or more, or the THC concentration of the person's 13
blood is above 0.00, if the person is under the age of ((twenty-one)) 14
21, or the person refuses to submit to a test, the arresting officer 15
or other law enforcement officer at whose direction any test has been 16
given, or the department, where applicable, if the arrest results in 17
a test of the person's blood, shall: 18
(a) Serve notice in writing on the person on behalf of the 19
department of its intention to suspend, revoke, or deny the person's 20
license, permit, or privilege to drive as required by subsection (6) 21
of this section; 22
(b) Serve notice in writing on the person on behalf of the 23
department of his or her right to a hearing, specifying the steps he 24
or she must take to obtain a hearing as provided by subsection (7) of 25
this section; 26
(c) Serve notice in writing that the license or permit, if any, 27
is a temporary license that is valid for ((thirty)) 30 days from the 28
date of arrest or from the date notice has been given in the event 29
notice is given by the department following a blood test, or until 30
the suspension, revocation, or denial of the person's license, 31
permit, or privilege to drive is sustained at a hearing pursuant to 32
subsection (7) of this section, whichever occurs first. No temporary 33
license is valid to any greater degree than the license or permit 34
that it replaces; and 35
(d) Immediately notify the department of the arrest and transmit 36
to the department within ((seventy-two)) 72 hours, except as delayed 37
as the result of a blood test, a sworn report or report under a 38
declaration authorized by chapter 5.50 RCW that states:39
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(i) That the officer had reasonable grounds to believe the 1
arrested person had been driving or was in actual physical control of 2
a motor vehicle within this state while under the influence of 3
intoxicating liquor or drugs, or both, or was under the age of 4
((twenty-one)) 21 years and had been driving or was in actual 5
physical control of a motor vehicle while having an alcohol or THC 6
concentration in violation of RCW 46.61.503; 7
(ii) That after receipt of any applicable warnings required by 8
subsection (2) of this section the person refused to submit to a test 9
of his or her breath, or a test was administered and the results 10
indicated that the alcohol concentration of the person's breath or 11
blood was ((0.08)) 0.05 or more, or the THC concentration of the 12
person's blood was 5.00 or more, if the person is age ((twenty-one)) 13
21 or over, or that the alcohol concentration of the person's breath 14
or blood was 0.02 or more, or the THC concentration of the person's 15
blood was above 0.00, if the person is under the age of ((twenty-16
one)) 21; and 17
(iii) Any other information that the director may require by 18
rule. 19
(6) The department of licensing, upon the receipt of a sworn 20
report or report under a declaration authorized by chapter 5.50 RCW 21
under subsection (5)(d) of this section, shall suspend, revoke, or 22
deny the person's license, permit, or privilege to drive or any 23
nonresident operating privilege, as provided in RCW 46.20.3101, such 24
suspension, revocation, or denial to be effective beginning thirty 25
days from the date of arrest or from the date notice has been given 26
in the event notice is given by the department following a blood 27
test, or when sustained at a hearing pursuant to subsection (7) of 28
this section, whichever occurs first. 29
(7) A person receiving notification under subsection (5)(b) of 30
this section may, within seven days after the notice has been given, 31
request in writing a formal hearing before the department. The person 32
shall pay a fee of ((three hundred seventy-five dollars )) $375 as 33
part of the request. If the request is mailed, it must be postmarked 34
within seven days after receipt of the notification. Upon timely 35
receipt of such a request for a formal hearing, including receipt of 36
the required ((three hundred seventy-five dollar )) $375 fee, the 37
department shall afford the person an opportunity for a hearing. The 38
department may waive the required ((three hundred seventy-five 39
dollar)) $375 fee if the person is an indigent as defined in RCW 40
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10.101.010. Except as otherwise provided in this section, the hearing 1
is subject to and shall be scheduled and conducted in accordance with 2
RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the 3
county of the arrest, except that all or part of the hearing may, at 4
the discretion of the department, be conducted by telephone or other 5
electronic means. The hearing shall be held within ((thirty)) 30 6
days, excluding Saturdays, Sundays, and legal holidays, following the 7
date of timely receipt of such request for a formal hearing before 8
the department or ((thirty)) 30 days, excluding Saturdays, Sundays, 9
and legal holidays following the date notice has been given in the 10
event notice is given by the department following a blood test, 11
unless otherwise agreed to by the department and the person, in which 12
case the action by the department shall be stayed, and any valid 13
temporary license under subsection (5) of this section extended, if 14
the person is otherwise eligible for licensing. Unless otherwise 15
agreed to by the department and the person, the department must give 16
five days notice of the hearing to the person. For the purposes of 17
this section, the scope of the hearing shall cover the issues of 18
whether a law enforcement officer had reasonable grounds to believe 19
the person had been driving or was in actual physical control of a 20
motor vehicle within this state while under the influence of 21
intoxicating liquor or any drug or had been driving or was in actual 22
physical control of a motor vehicle within this state while having 23
alcohol in his or her system in a concentration of 0.02 or more, or 24
THC in his or her system in a concentration above 0.00, if the person 25
was under the age of ((twenty-one)) 21, whether the person was placed 26
under arrest, and (a) whether the person refused to submit to the 27
test or tests upon request of the officer after having been informed 28
that such refusal would result in the revocation of the person's 29
license, permit, or privilege to drive, or (b) if a test or tests 30
were administered, whether the applicable requirements of this 31
section were satisfied before the administration of the test or 32
tests, whether the person submitted to the test or tests, or whether 33
a test was administered pursuant to a search warrant, a valid waiver 34
of the warrant requirement, when exigent circumstances exist, or 35
under any other authority of law as permitted under this section, and 36
whether the test or tests indicated that the alcohol concentration of 37
the person's breath or blood was ((0.08)) 0.05 or more, or the THC 38
concentration of the person's blood was 5.00 or more, if the person 39
was age ((twenty-one)) 21 or over at the time of the arrest, or that 40
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the alcohol concentration of the person's breath or blood was 0.02 or 1
more, or the THC concentration of the person's blood was above 0.00, 2
if the person was under the age of ((twenty-one)) 21 at the time of 3
the arrest. Where a person is found to be in actual physical control 4
of a motor vehicle while under the influence of intoxicating liquor 5
or any drug or was under the age of ((twenty-one)) 21 at the time of 6
the arrest and was in physical control of a motor vehicle while 7
having alcohol in his or her system in a concentration of 0.02 or THC 8
concentration above 0.00, the person may petition the hearing officer 9
to apply the affirmative defense found in RCW 46.61.504(3) and 10
46.61.503(2). The driver has the burden to prove the affirmative 11
defense by a preponderance of the evidence. The sworn report or 12
report under a declaration authorized by chapter 5.50 RCW submitted 13
by a law enforcement officer is prima facie evidence that the officer 14
had reasonable grounds to believe the person had been driving or was 15
in actual physical control of a motor vehicle within this state while 16
under the influence of intoxicating liquor or drugs, or both, or the 17
person had been driving or was in actual physical control of a motor 18
vehicle within this state while having alcohol in his or her system 19
in a concentration of 0.02 or more, or THC in his or her system in a 20
concentration above 0.00, and was under the age of ((twenty-one)) 21 21
and that the officer complied with the requirements of this section.22
A hearing officer shall conduct the hearing, may issue subpoenas 23
for the attendance of witnesses and the production of documents, and 24
shall administer oaths to witnesses. The hearing officer shall not 25
issue a subpoena for the attendance of a witness at the request of 26
the person unless the request is accompanied by the fee required by 27
RCW 5.56.010 for a witness in district court. The sworn report or 28
report under a declaration authorized by chapter 5.50 RCW of the law 29
enforcement officer and any other evidence accompanying the report 30
shall be admissible without further evidentiary foundation and the 31
certifications authorized by the criminal rules for courts of limited 32
jurisdiction shall be admissible without further evidentiary 33
foundation. The person may be represented by counsel, may question 34
witnesses, may present evidence, and may testify. The department 35
shall order that the suspension, revocation, or denial either be 36
rescinded or sustained. 37
(8) If the suspension, revocation, or denial is sustained after 38
such a hearing, the person whose license, privilege, or permit is 39
suspended, revoked, or denied has the right to file a petition in the 40
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superior court of the county of arrest to review the final order of 1
revocation by the department in the same manner as an appeal from a 2
decision of a court of limited jurisdiction. Notice of appeal must be 3
filed within ((thirty)) 30 days after the date the final order is 4
served or the right to appeal is waived. Notwithstanding RCW 5
46.20.334, RALJ 1.1, or other statutes or rules referencing de novo 6
review, the appeal shall be limited to a review of the record of the 7
administrative hearing. The appellant must pay the costs associated 8
with obtaining the record of the hearing before the hearing officer. 9
The filing of the appeal does not stay the effective date of the 10
suspension, revocation, or denial. A petition filed under this 11
subsection must include the petitioner's grounds for requesting 12
review. Upon granting petitioner's request for review, the court 13
shall review the department's final order of suspension, revocation, 14
or denial as expeditiously as possible. The review must be limited to 15
a determination of whether the department has committed any errors of 16
law. The superior court shall accept those factual determinations 17
supported by substantial evidence in the record: (a) That were 18
expressly made by the department; or (b) that may reasonably be 19
inferred from the final order of the department. The superior court 20
may reverse, affirm, or modify the decision of the department or 21
remand the case back to the department for further proceedings. The 22
decision of the superior court must be in writing and filed in the 23
clerk's office with the other papers in the case. The court shall 24
state the reasons for the decision. If judicial relief is sought for 25
a stay or other temporary remedy from the department's action, the 26
court shall not grant such relief unless the court finds that the 27
appellant is likely to prevail in the appeal and that without a stay 28
the appellant will suffer irreparable injury. If the court stays the 29
suspension, revocation, or denial it may impose conditions on such 30
stay. 31
(9)(a) If a person whose driver's license, permit, or privilege 32
to drive has been or will be suspended, revoked, or denied under 33
subsection (6) of this section, other than as a result of a breath 34
test refusal, and who has not committed an offense for which he or 35
she was granted a deferred prosecution under chapter 10.05 RCW, 36
petitions a court for a deferred prosecution on criminal charges 37
arising out of the arrest for which action has been or will be taken 38
under subsection (6) of this section, or notifies the department of 39
licensing of the intent to seek such a deferred prosecution, then the 40
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license suspension or revocation shall be stayed pending entry of the 1
deferred prosecution. The stay shall not be longer than ((one hundred 2
fifty)) 150 days after the date charges are filed, or two years after 3
the date of the arrest, whichever time period is shorter. If the 4
court stays the suspension, revocation, or denial, it may impose 5
conditions on such stay. If the person is otherwise eligible for 6
licensing, the department shall issue a temporary license, or extend 7
any valid temporary license under subsection (5) of this section, for 8
the period of the stay. If a deferred prosecution treatment plan is 9
not recommended in the report made under RCW 10.05.050, or if 10
treatment is rejected by the court, or if the person declines to 11
accept an offered treatment plan, or if the person violates any 12
condition imposed by the court, then the court shall immediately 13
direct the department to cancel the stay and any temporary license or 14
extension of a temporary license issued under this subsection.15
(b) A suspension, revocation, or denial imposed under this 16
section, other than as a result of a breath test refusal, shall be 17
stayed if the person is accepted for deferred prosecution as provided 18
in chapter 10.05 RCW for the incident upon which the suspension, 19
revocation, or denial is based. If the deferred prosecution is 20
terminated, the stay shall be lifted and the suspension, revocation, 21
or denial reinstated. If the deferred prosecution is completed, the 22
stay shall be lifted and the suspension, revocation, or denial 23
canceled. 24
(c) The provisions of (b) of this subsection relating to a stay 25
of a suspension, revocation, or denial and the cancellation of any 26
suspension, revocation, or denial do not apply to the suspension, 27
revocation, denial, or disqualification of a person's commercial 28
driver's license or privilege to operate a commercial motor vehicle.29
(10) When it has been finally determined under the procedures of 30
this section that a nonresident's privilege to operate a motor 31
vehicle in this state has been suspended, revoked, or denied, the 32
department shall give information in writing of the action taken to 33
the motor vehicle administrator of the state of the person's 34
residence and of any state in which he or she has a license.35
Sec. 7. RCW 46.20.3101 and 2020 c 330 s 6 are each amended to 36
read as follows: 37
p. 31 SB 5664
Pursuant to RCW 46.20.308, the department shall suspend, revoke, 1
or deny the arrested person's license, permit, or privilege to drive 2
as follows: 3
(1) In the case of a person who has refused a test or tests:4
(a) For a first refusal within seven years, where there has not 5
been a previous incident within seven years that resulted in 6
administrative action under this section, revocation or denial for 7
one year; 8
(b) For a second or subsequent refusal within seven years, or for 9
a first refusal where there has been one or more previous incidents 10
within seven years that have resulted in administrative action under 11
this section, revocation or denial for two years or until the person 12
reaches age ((twenty-one)) 21, whichever is longer.13
(2) In the case of an incident where a person has submitted to or 14
been administered a test or tests indicating that the alcohol 15
concentration of the person's breath or blood was ((0.08)) 0.05 or 16
more, or that the THC concentration of the person's blood was 5.00 or 17
more: 18
(a) For a first incident within seven years, where there has not 19
been a previous incident within seven years that resulted in 20
administrative action under this section, suspension for ((ninety)) 21
90 days, unless the person successfully completes or is enrolled in a 22
pretrial 24/7 sobriety program; 23
(b) For a second or subsequent incident within seven years, 24
revocation or denial for two years. 25
(3) In the case of an incident where a person under age ((twenty-26
one)) 21 has submitted to or been administered a test or tests 27
indicating that the alcohol concentration of the person's breath or 28
blood was 0.02 or more, or that the THC concentration of the person's 29
blood was above 0.00: 30
(a) For a first incident within seven years, suspension or denial 31
for ((ninety)) 90 days; 32
(b) For a second or subsequent incident within seven years, 33
revocation or denial for one year or until the person reaches age 34
((twenty-one)) 21, whichever is longer. 35
(4) The department shall grant credit on a day-for-day basis for 36
a suspension, revocation, or denial imposed under this section for 37
any portion of a suspension, revocation, or denial already served 38
under RCW 46.61.5055 arising out of the same incident. If a person 39
has already served a suspension, revocation, or denial under RCW 40
p. 32 SB 5664
46.61.5055 for a period equal to or greater than the period imposed 1
under this section, the department shall provide notice of full 2
credit, shall provide for no further suspension or revocation under 3
this section, and shall impose no additional reissue fees for this 4
credit. 5
Sec. 8. RCW 46.25.090 and 2023 c 35 s 6 are each amended to read 6
as follows: 7
(1) A person is disqualified from driving a commercial motor 8
vehicle for a period of not less than one year if a report has been 9
received by the department pursuant to RCW 46.20.308 or 46.25.120, or 10
if the person has been convicted of a first violation, within this or 11
any other jurisdiction, of: 12
(a) Driving a motor vehicle under the influence of alcohol or any 13
drug; 14
(b) Driving a commercial motor vehicle while the alcohol 15
concentration in the person's system is 0.04 or more or any 16
measurable amount of THC concentration, or driving a noncommercial 17
motor vehicle while the alcohol concentration in the person's system 18
is ((0.08)) 0.05 or more, or is 0.02 or more if the person is under 19
age 21, or with a THC concentration of 5.00 nanograms per milliliter 20
of whole blood or more, or a THC concentration above 0.00 if the 21
person is under the age of 21, as determined by any testing methods 22
approved by law in this state or any other state or jurisdiction;23
(c) Leaving the scene of an accident involving a motor vehicle 24
driven by the person; 25
(d) Using a motor vehicle in the commission of a felony;26
(e) Refusing to submit to a test or tests to determine the 27
driver's alcohol concentration or the presence of any drug while 28
driving a motor vehicle; 29
(f) Driving a commercial motor vehicle when, as a result of prior 30
violations committed while operating a commercial motor vehicle, the 31
driver's commercial driver's license is revoked, suspended, or 32
canceled, or the driver is disqualified from operating a commercial 33
motor vehicle; 34
(g) Causing a fatality through the negligent operation of a 35
commercial motor vehicle, including but not limited to the crimes of 36
vehicular homicide and negligent homicide. 37
p. 33 SB 5664
If any of the violations set forth in this subsection occurred 1
while transporting hazardous material, the person is disqualified for 2
a period of not less than three years. 3
(2) A person is disqualified for life if it has been determined 4
that the person has committed or has been convicted of two or more 5
violations of any of the offenses specified in subsection (1) of this 6
section, or any combination of those offenses, arising from two or 7
more separate incidents. 8
(3) The department may adopt rules, in accordance with federal 9
regulations, establishing guidelines, including conditions, under 10
which a disqualification for life under subsection (2) of this 11
section may be reduced to a period of not less than 10 years.12
(4) A person is disqualified from driving a commercial motor 13
vehicle for life who: 14
(a) Uses a motor vehicle in the commission of a felony involving 15
the manufacture, distribution, or dispensing of a controlled 16
substance, as defined by chapter 69.50 RCW, or possession with intent 17
to manufacture, distribute, or dispense a controlled substance, as 18
defined by chapter 69.50 RCW; or 19
(b) Uses a motor vehicle in the commission of any trafficking 20
offense under RCW 9A.40.100, which offenses are deemed consistent 21
with felonies involving severe forms of trafficking in persons as 22
described by the federal motor carrier safety administration.23
(5)(a) A person is disqualified from driving a commercial motor 24
vehicle for a period of: 25
(i) Not less than 60 days if: 26
(A) Convicted of or found to have committed a second serious 27
traffic violation while driving a commercial motor vehicle; or28
(B) Convicted of reckless driving, where there has been a prior 29
serious traffic violation; or 30
(ii) Not less than 120 days if: 31
(A) Convicted of or found to have committed a third or subsequent 32
serious traffic violation while driving a commercial motor vehicle; 33
or 34
(B) Convicted of reckless driving, where there has been two or 35
more prior serious traffic violations. 36
(b) The disqualification period under (a)(ii) of this subsection 37
must be in addition to any other previous period of disqualification.38
(c) For purposes of determining prior serious traffic violations 39
under this subsection, each conviction of or finding that a driver 40
p. 34 SB 5664
has committed a serious traffic violation while driving a commercial 1
motor vehicle or noncommercial motor vehicle, arising from a separate 2
incident occurring within a three-year period, must be counted.3
(6) A person is disqualified from driving a commercial motor 4
vehicle for a period of: 5
(a) Not less than 180 days nor more than one year if convicted of 6
or found to have committed a first violation of an out-of-service 7
order while driving a commercial vehicle; 8
(b) Not less than two years nor more than five years if, during a 9
10-year period, the person is convicted of or is found to have 10
committed two violations of out-of-service orders while driving a 11
commercial motor vehicle in separate incidents; 12
(c) Not less than three years nor more than five years if, during 13
a 10-year period, the person is convicted of or is found to have 14
committed three or more violations of out-of-service orders while 15
driving commercial motor vehicles in separate incidents;16
(d) Not less than 180 days nor more than two years if the person 17
is convicted of or is found to have committed a first violation of an 18
out-of-service order while transporting hazardous materials, or while 19
operating motor vehicles designed to transport 16 or more passengers, 20
including the driver. A person is disqualified for a period of not 21
less than three years nor more than five years if, during a 10-year 22
period, the person is convicted of or is found to have committed 23
subsequent violations of out-of-service orders, in separate 24
incidents, while transporting hazardous materials, or while operating 25
motor vehicles designed to transport ((sixteen)) 16 or more 26
passengers, including the driver. 27
(7)(a) A person is disqualified from driving a commercial motor 28
vehicle for the period of time specified in (b) of this subsection if 29
he or she is convicted of or is found to have committed one of the 30
following six offenses at a railroad-highway grade crossing while 31
operating a commercial motor vehicle in violation of a federal, 32
state, or local law or regulation: 33
(i) For drivers who are not required to always stop, failing to 34
slow down and check that the tracks are clear of an approaching train 35
or other on-track equipment; 36
(ii) For drivers who are not required to always stop, failing to 37
stop before reaching the crossing, if the tracks are not clear;38
(iii) For drivers who are always required to stop, failing to 39
stop before driving onto the crossing; 40
p. 35 SB 5664
(iv) For all drivers, failing to have sufficient space to drive 1
completely through the crossing without stopping; 2
(v) For all drivers, failing to obey a traffic control device or 3
the directions of an enforcement officer at the crossing;4
(vi) For all drivers, failing to negotiate a crossing because of 5
insufficient undercarriage clearance. 6
(b) A person is disqualified from driving a commercial motor 7
vehicle for a period of: 8
(i) Not less than 60 days if the driver is convicted of or is 9
found to have committed a first violation of a railroad-highway grade 10
crossing violation; 11
(ii) Not less than 120 days if the driver is convicted of or is 12
found to have committed a second railroad-highway grade crossing 13
violation in separate incidents within a three-year period;14
(iii) Not less than one year if the driver is convicted of or is 15
found to have committed a third or subsequent railroad-highway grade 16
crossing violation in separate incidents within a three-year period.17
(8) A person is disqualified from driving a commercial motor 18
vehicle for not more than one year if a report has been received by 19
the department from the federal motor carrier safety administration 20
that the person's driving has been determined to constitute an 21
imminent hazard as defined by 49 C.F.R. 383.5. A person who is 22
simultaneously disqualified from driving a commercial motor vehicle 23
under this subsection and under other provisions of this chapter, or 24
under 49 C.F.R. 383.52, shall serve those disqualification periods 25
concurrently. 26
(9) Within 10 days after suspending, revoking, or canceling a 27
commercial driver's license or disqualifying a driver from operating 28
a commercial motor vehicle, the department shall update its records 29
to reflect that action. 30
Sec. 9. RCW 38.38.760 and 2009 c 378 s 24 are each amended to 31
read as follows: 32
(1) Any person subject to this code who: 33
(a) Operates or physically controls any vehicle, aircraft, or 34
vessel in a reckless or wanton manner or while impaired by a 35
substance described in RCW 38.38.762; or 36
(b) Operates or is in actual physical control of any vehicle, 37
aircraft, or vessel while drunk or when the alcohol concentration in 38
p. 36 SB 5664
the person's blood or breath is equal to or exceeds the applicable 1
limit under subsection (2) of this section; or 2
(c) Operates or is in actual physical control of any vehicle, 3
aircraft, or vessel in a reckless or wanton manner 4
shall be punished as a court-martial may direct. 5
(2) For purposes of subsection (1) of this section, the blood 6
alcohol content limit with respect to alcohol concentration in a 7
person's blood is ((0.08)) 0.05 grams of alcohol per ((one hundred)) 8
100 milliliters of blood and with respect to alcohol concentration in 9
a person's breath is ((0.08)) 0.05 grams of alcohol per ((two hundred 10
ten)) 210 liters of breath, as shown by chemical analysis.11
(3) For purposes of this section, "blood alcohol content limit" 12
means the amount of alcohol concentration in a person's blood or 13
breath at which operation or control of a vehicle, aircraft, or 14
vessel is prohibited. 15
Sec. 10. RCW 79A.60.040 and 2022 c 16 s 136 are each amended to 16
read as follows: 17
(1) It is unlawful for any person to operate a vessel in a 18
reckless manner. 19
(2) It is unlawful for a person to operate a vessel while under 20
the influence of intoxicating liquor, cannabis, or any drug. A person 21
is considered to be under the influence of intoxicating liquor, 22
cannabis, or any drug if, within two hours of operating a vessel:23
(a) The person has an alcohol concentration of ((0.08)) 0.05 or 24
higher as shown by analysis of the person's breath or blood made 25
under RCW 46.61.506; or 26
(b) The person has a THC concentration of 5.00 or higher as shown 27
by analysis of the person's blood made under RCW 46.61.506; or28
(c) The person is under the influence of or affected by 29
intoxicating liquor, cannabis, or any drug; or 30
(d) The person is under the combined influence of or affected by 31
intoxicating liquor, cannabis, and any drug. 32
(3) The fact that any person charged with a violation of this 33
section is or has been entitled to use such drug under the laws of 34
this state shall not constitute a defense against any charge of 35
violating this section. 36
(4)(a) Any person who operates a vessel within this state is 37
deemed to have given consent, subject to the provisions of RCW 38
46.61.506, to a test or tests of the person's breath for the purpose 39
p. 37 SB 5664
of determining the alcohol concentration in the person's breath if 1
arrested for any offense where, at the time of the arrest, the 2
arresting officer has reasonable grounds to believe the person was 3
operating a vessel while under the influence of intoxicating liquor 4
or a combination of intoxicating liquor and any other drug.5
(b) When an arrest results from an accident in which there has 6
been serious bodily injury to another person or death or the 7
arresting officer has reasonable grounds to believe the person was 8
operating a vessel while under the influence of THC or any other 9
drug, a blood test may be administered with the consent of the 10
arrested person and a valid waiver of the warrant requirement or 11
without the consent of the person so arrested pursuant to a search 12
warrant or when exigent circumstances exist. 13
(c) Neither consent nor this section precludes a police officer 14
from obtaining a search warrant for a person's breath or blood.15
(d) An arresting officer may administer field sobriety tests when 16
circumstances permit. 17
(5) The test or tests of breath must be administered pursuant to 18
RCW 46.20.308. The officer shall warn the person that if the person 19
refuses to take the test, the person will be issued a class 1 civil 20
infraction under RCW 7.80.120. 21
(6) A violation of subsection (1) of this section is a 22
misdemeanor. A violation of subsection (2) of this section is a gross 23
misdemeanor. In addition to the statutory penalties imposed, the 24
court may order the defendant to pay restitution for any damages or 25
injuries resulting from the offense. 26
(7) For the purposes of this subsection, "cannabis" has the 27
meaning provided in RCW 69.50.101. 28
NEW SECTION. Sec. 11. A new section is added to chapter 43.59 29
RCW to read as follows: 30
The Washington traffic safety commission shall develop and 31
implement a public information campaign related to this act. In 32
developing and implementing the public information campaign, the 33
commission must: 34
(1) Ensure television, radio, and online advertisements are 35
provided in all areas of the state; 36
(2) Include multiple print advertisements in the largest 37
newspapers in each county; 38
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(3) Provide content of the public information campaign in the top 1
nine most significant non-English-speaking languages spoken in the 2
state; 3
(4) Consider equity outcomes on overburdened communities as 4
defined in RCW 70A.02.010; and 5
(5) Ensure that at least 10 percent of the advertisements are 6
developed in conjunction with in-state hospitality stakeholders and 7
educate drivers about safe alternatives to driving while patronizing 8
hospitality businesses. 9
NEW SECTION. Sec. 12. A new section is added to chapter 66.44 10
RCW to read as follows: 11
The legislature finds that current civil law relating to civil 12
liability is that a licensed commercial vendor or quasi-commercial 13
vendor owes a duty to third persons not to sell, serve, or furnish 14
alcohol to a person who is apparently under the influence of alcohol, 15
or who is obviously intoxicated. This current civil law is both 16
statutory and also developed in case law. The legislature further 17
finds that civil liability to third persons under the civil law does 18
not depend upon a finding of the blood or breath alcohol 19
concentration. Therefore, nothing in this act shall be construed to 20
change current civil law for civil liability of a licensed commercial 21
vendor or quasi-commercial vendor. 22
NEW SECTION. Sec. 13. A new section is added to chapter 66.08 23
RCW to read as follows: 24
(1) The Washington state institute for public policy must conduct 25
an evaluation of the impacts of this act during the first two years 26
of implementation. By March 1, 2029, the institute must submit a 27
report to the appropriate committees of the legislature detailing the 28
results of its evaluation. The evaluation must include, but is not 29
limited to, the impact of this act on: 30
(a) The number of serious and fatal traffic crashes;31
(b) Driving under the influence arrests and adjudications for 32
driving under the influence offenses; 33
(c) Equity outcomes on overburdened communities as defined in RCW 34
70A.02.010; 35
(d) Sales and other business effects on the hospitality industry 36
in the state; and 37
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(e) Sales and other business effects on breweries, wineries, and 1
distilleries in the state. 2
(2) This section expires November 1, 2029. 3
NEW SECTION. Sec. 14. This act takes effect July 1, 2026.4
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