H-535                _______________________________________________

                                                    HOUSE BILL NO. 454

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Armstrong, Valle, Holland and Haugen

Read first time 2/1/85 and referred to Committee on Judiciary.

AN ACT Relating to driving while intoxicated; and amending RCW 46.61.502 and 46.61.504.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 176, Laws of 1979 ex. sess. and RCW 46.61.502 are each amended to read as follows:

          A person is guilty of driving while under the influence of intoxicating liquor or any drug if he drives a vehicle within this state while:

          (1) He has 0.10 percent or more by weight of alcohol in  his blood within two hours after driving as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46.61.506 as now or hereafter amended; or

          (2) He is under the influence of or affected by intoxicating liquor or any drug; or

          (3) He is under the combined influence of or affected by intoxicating liquor and any drug.

          The fact that any person charged  with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.

It is an affirmative defense to a charge under subsection (1) of this section that the defendant ingested alcohol between the time of driving and the chemical analysis of his breath, blood, or other bodily substance, and that the alcohol ingested caused the defendant to have 0.10 percent or more by weight of alcohol in his blood.  The prosecution shall not be required to disprove this defense unless there is evidence presented to support such a defense.

        Sec. 2.  Section 2, chapter 176, Laws of 1979 ex. sess. and RCW 46.61.504 are each amended to read as follows:

          A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if he has actual physical control of a vehicle within this state while:

          (1) He has a 0.10 percent or more by weight of alcohol in his blood within two hours of being in actual physical control of a vehicle as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46.61.506((, as now or hereafter amended)); or

          (2) He is under the influence of or affected by intoxicating liquor or any drug; or

          (3) He is under the combined influence of or affected by intoxicating liquor and any drug.

          The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.  No person may be convicted under this section if, prior to being pursued by a law enforcement officer, he has moved the vehicle safely off the roadway.

It is an affirmative defense to a charge under subsection (1) of this section that the defendant ingested alcohol between the time of arrest and the chemical analysis of his breath, blood, or other bodily substance, and that the alcohol ingested caused the defendant to have 0.10 percent or more by weight of alcohol in his blood.  The prosecution shall not be required to disprove this defense unless there is evidence presented to support such a defense.