S-3652               _______________________________________________

                                                   SENATE BILL NO. 6657

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senator Pullen

Read first time 1/29/88 and referred to Committee on Law & Justice.

AN ACT Relating to the crime of driving while affected by intoxicating liquor; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.61 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

          A person is guilty of driving while affected by intoxicating liquor if the person drives a vehicle in this state while:

          (1) The person has at least 0.08 but less than 0.10 grams of alcohol per two hundred liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or

          (2) The person has at least 0.08 but less than 0.10 percent by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under RCW 46.61.506.

          A person who is convicted of a violation of this section is guilty of a misdemeanor and shall be punished by a fine of not more than fifty dollars, which fine shall not be suspended or deferred unless the court finds the person to be indigent.  A person shall not be punished by imprisonment for violation of this section.

          Nothing is this section prohibits a person from being charged with the criminal offense of driving a vehicle while under the influence of intoxicating liquor or any drug, but a person shall not be charged with both driving while intoxicated and a violation of this section for the same activity.  A person who has 0.10 grams or more of alcohol per two hundred liters of breath or 0.10 percent or more by weight of alcohol in the person's blood by a test made under RCW 46.61.506 shall not be charged with a violation of this section.

        Sec. 2.  Section 3, chapter 186, Laws of 1986 as amended by section 2, chapter 181, Laws of 1987, by section 55, chapter 244, Laws of 1987, by section 6, chapter 247, Laws of 1987 and by section 11, chapter 388, Laws of 1987 and RCW 46.63.020 are each reenacted and amended to read as follows:

          Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

          (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

          (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

          (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

          (4) RCW 46.10.130 relating to the operation of snowmobiles;

          (5) Chapter 46.12 RCW relating to certificates of ownership and registration;

          (6) RCW 46.16.010 relating to initial registration of motor vehicles;

          (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

(8) RCW 46.16.160 relating to vehicle trip permits;

          (((8) RCW 46.16.011 relating to permitting unauthorized persons to drive;))

          (9) RCW 46.16.381(8) relating to unauthorized acquisition of a special decal, license plate, or card for disabled persons' parking;

          (10) RCW 46.20.021 relating to driving without a valid driver's license;

           (11) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

           (12) RCW 46.20.342 relating to driving with a suspended or revoked license;

           (13) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

           (14) RCW 46.20.416 relating to driving while in a suspended or revoked status;

           (15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

           (16) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

           (17) Chapter 46.29 RCW relating to financial responsibility;

           (18) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

           (19) RCW 46.48.175 relating to the transportation of dangerous articles;

           (20) RCW 46.52.010 relating to duty on striking an unattended car or other property;

           (21) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

           (22) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

           (23) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

           (24) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

           (25) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

           (26) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

           (27) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

           (28) RCW 46.61.022 relating to failure to stop and give identification to an officer;

           (29) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

           (30) RCW 46.61.500 relating to reckless driving;

           (31) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

           (32) Section 1 of this act relating to persons driving while affected by intoxicating liquor;

(33) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

           (((33))) (34) RCW 46.61.522 relating to vehicular assault;

           (((34))) (35) RCW 46.61.525 relating to negligent driving;

           (((35))) (36) RCW 46.61.530 relating to racing of vehicles on highways;

           (((36))) (37) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

           (((37))) (38) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

           (((38))) (39)  RCW 46.64.020 relating to nonappearance after a written promise;

           (((39))) (40) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

           (((40))) (41) Chapter 46.65 RCW relating to habitual traffic offenders;

           (((41))) (42) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

           (((42))) (43) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

           (((43))) (44) Chapter 46.80 RCW relating to motor vehicle wreckers;

           (((44))) (45) Chapter 46.82 RCW relating to driver's training schools;

          (((45))) (46) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

          (((46))) (47) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.