SENATE 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

Senate Committee on Judiciary

Senate Hearing Date(s):March 23, 1987; March 25, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Dick Armstrong (786-7460)

                  March 25, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 25, 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 combined 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.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The striking amendment is the same as House Bill 1049, with the following addition:  An intent section has been added to clarify legislative intent that the bill is not an acknowledgement that the existing DWI law is unconstitutional or defective.

Fiscal Note:      none requested

Senate Committee - Testified: Mike Redman, WAPA