HOUSE BILL REPORT

HB 1049

BYRepresentatives Heavey, Patrick, P. King, Padden, Schoon, Todd and May

Authorizing either breath or blood tests for alcoholic content.

House Committe on Judiciary

Majority Report:  Do pass.  (17)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, P. King, Lewis, Locke, Moyer, Niemi, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE MARCH 18, 1987

BACKGROUND:

The state's DWI law currently defines three separate ways of committing the crime of driving while under the influence.  A person is guilty of DWI if he or she drives:

(1)  With 0.10 grams of alcohol/210 liters of breath;

(2)  While under the influence of alcohol or drugs; or

(3)  While under the influence of alcohol and drugs.

These three standards operate independently of one another.  That is, violation of any one of the three is sufficient for a conviction for DWI.

Prior to 1986, the first of these standards was defined as 0.10 percent by weight of alcohol in the driver's blood.

SUMMARY:

A fourth definition of DWI is provided.  A person is guilty of DWI if he or she drives with 0.10 percent by weight of alcohol in his or her blood.

EFFECT OF SENATE AMENDMENT(S):  The amendment adds a statement with respect to legislative findings and intent.  The amendment states that the legislature considers the current DWI law to be constitutional, and is merely adding an additional definition of the crime.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The current law's breath alcohol standard is being challenged in some courts.  This bill is not an indication that the legislature feels the breath alcohol standard is improper or invalid.  The bill merely provides an alternative additional way of defining DWI.

House Committee - Testimony Against:      None Presented.