H-2172              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 456

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State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Crane, Kremen, Hargrove, Rayburn and Valle)

Read first time 3/4/85 and passed to Committee on Rules.

AN ACT Relating to driving while intoxicated; and adding a new section to chapter 46.64 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 46.64 RCW to read as follows:

          (1) A law enforcement officer who has reasonable grounds to believe that a person has been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor may request the person to submit to one or more preliminary chemical breath analyses.

          (2) A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.

          (3) The fact that a law enforcement officer offered or requested a person to submit to a preliminary chemical breath analysis shall have no bearing upon RCW 46.20.308, 46.20.311, and 46.61.506.  Refusal to take a preliminary chemical breath analysis shall not be deemed a violation of RCW 46.20.308, nor shall the taking of such a test satisfy the requirements of RCW 46.20.308, 46.20.311, and 46.61.506.

          (4) The results of a preliminary chemical breath analysis may be admissible in a criminal prosecution or in an administrative hearing to assist the court or hearing officer in determining a challenge to the validity of an arrest.

          (5) Before administering a preliminary chemical breath analysis, a law enforcement officer shall inform the person that taking a preliminary chemical breath test is optional and that the results of the test may be used against the person in court if the person agrees to take the test.