STATUTES
RCW 46.61.502 Driving Under the Influence
(1) A person is guilty of driving while under the influence of
intoxicating liquor or any drug if the person drives a vehicle within
this state:
(a) And the person has, within two hours after driving, an
alcohol concentration of 0.08 or higher as shown by analysis of the
person's breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected by
intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or
affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section
is or has been entitled to use a drug under the laws of this state shall
not constitute a defense against a charge of violating this section.
(3) It is an affirmative defense to a violation of subsection (1)(a)
of this section which the defendant must prove by a preponderance of the
evidence that the defendant consumed a sufficient quantity of alcohol
after the time of driving and before the administration of an analysis
of the person's breath or blood to cause the defendant's alcohol
concentration to be 0.08 or more within two hours after driving. The
court shall not admit evidence of this defense unless the defendant
notifies the prosecution prior to the omnibus or pretrial hearing in the
case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two hours
after the alleged driving may be used as evidence that within two hours
of the alleged driving, a person had an alcohol concentration of 0.08 or
more in violation of subsection (1)(a) of this section, and in any case
in which the analysis shows an alcohol concentration above 0.00 may be
used as evidence that a person was under the influence of or affected by
intoxicating liquor or any drug in violation of subsection (1)(b) or (c)
of this section.
(5) A violation of this section is a gross misdemeanor.
[1998 c 213 § 3; 1994 c 275 § 2; 1993 c 328 § 1; 1987 c 373 § 2; 1986
c 153 § 2; 1979 ex.s. c 176 § 1.]
NOTES:
- Rules of court: Bail in criminal traffic offense cases --
Mandatory appearance -- CrRLJ 3.2.
- Effective date -- 1998 c 213: See note following RCW 46.20.308.
- Short title -- Effective date -- 1994 c 275: See notes following
RCW 46.04.015.
- Legislative finding, purpose -- 1987 c 373: "The legislature
finds the existing statutes that establish the criteria for
determining when a person is guilty of driving a motor vehicle under
the influence of intoxicating liquor or drugs are constitutional and
do not require any additional criteria to ensure their legality. The
purpose of this act is to provide an additional method of defining
the crime of driving while intoxicated. This act is not an
acknowledgement that the existing breath alcohol standard is legally
improper or invalid." [1987 c 373 § 1.]
- Severability -- 1987 c 373: "If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1987 c 373 § 8.]
- Severability -- 1979 ex.s. c 176: "If any provision of this act
or its application to any person or circumstance is held invalid,
the remainder of the act or the application of the provision to
other persons or circumstances is not affected." [1979 ex.s. c 176 §
8.]
- Business operation of vessel or vehicle while intoxicated: RCW
9.91.020.
- Criminal history and driving record: RCW 46.61.513.
- Operating aircraft recklessly or under influence of intoxicants
or drugs: RCW 47.68.220.
- Use of vessel in reckless manner or while under influence of
alcohol or drugs prohibited: RCW 79A.60.040.
STATUTES REFERENCES
- RCW 46.61.506
- RCW 46.20.308
- RCW 46.61.513
- RCW 79A.60.040
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