_______________________________________________
SENATE
BILL 5245
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1993 Regular Session
State of Washington 53rd
Legislature 1993 Regular Session
By
Read first time 01/19/93. Referred to Committee on Law
& Justice.
Regulating the analysis of blood and breath
alcohol.
AN ACT Relating to the time limitation on the
analysis of blood and breath alcohol; and amending RCW 46.61.502 and 46.61.504.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1.
RCW 46.61.502 and 1987 c 373 s 2 are each amended to read as follows:
(1) A person is guilty of driving while
under the influence of intoxicating liquor or any drug if the person drives a
vehicle within this state ((while)):
(((1))) (a) And the person has
0.10 grams or more of alcohol per two hundred ten liters of breath within
two hours after driving, as shown by analysis of the person's breath made
under RCW 46.61.506; or
(((2))) (b) And the person has
0.10 percent or more by weight of alcohol in the person's blood within two
hours after driving, as shown by analysis of the person's blood made under
RCW 46.61.506; or
(((3))) (c) While the person is
under the influence of or affected by intoxicating liquor or any drug; or
(((4))) (d) While the person is
under the combined influence of or affected by intoxicating liquor and any
drug.
(2) 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.
(3) It is an affirmative defense to a
violation of subsection (1) (a) and (b) of this section which the defendant
must prove by a preponderance of the evidence that the defendant consumed a
sufficient quantity of alcohol after the time of driving and before the
administration of an analysis of the person's breath or blood to cause the
defendant's alcohol concentration to be 0.10 or more within two hours after
driving. The court shall not admit evidence of this defense unless the
defendant notifies the prosecution prior to the omnibus or pretrial hearing in
the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples
obtained more than two hours after the alleged driving may be used as evidence
that within two hours of the alleged driving, a person had 0.10 grams or more
of alcohol per two hundred ten liters of breath or 0.10 percent or more of
alcohol in the person's blood, pursuant to subsection (1) (a) and (b) of this
section, and may be used as evidence that a person was under the influence of
or affected by intoxicating liquors or any drug pursuant to subsection (1) (c)
and (d) of this section.
Sec. 2.
RCW 46.61.504 and 1987 c 373 s 3 are each amended to read as follows:
(1) 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 the person has actual physical control of a
vehicle within this state ((while)):
(((1))) (a) And the person has
0.10 grams or more of alcohol per two hundred ten liters of breath within
two hours after being in actual physical control of a motor vehicle, as
shown by analysis of the person's breath made under RCW 46.61.506; or
(((2))) (b) And the person has
0.10 percent or more by weight of alcohol in the person's blood within two
hours after being in actual physical control of a motor vehicle, as shown by
analysis of the person's blood made under RCW 46.61.506; or
(((3))) (c) While the person is
under the influence of or affected by intoxicating liquor or any drug; or
(((4))) (d) While the person is
under the combined influence of or affected by intoxicating liquor and any
drug.
(2) 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, the person has moved the
vehicle safely off the roadway.
(3) It is an affirmative defense to a
violation of subsection (1) (a) and (b) of this section which the defendant
must prove by a preponderance of the evidence that the defendant consumed a
sufficient quantity of alcohol after the time of being in actual physical
control of a motor vehicle and before the administration of an analysis of the
person's breath or blood to cause the defendant's alcohol concentration to be
0.10 or more within two hours after being in actual physical control of a motor
vehicle. The court shall not admit evidence of this defense unless the
defendant notifies the prosecution prior to the omnibus or pretrial hearing in
the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples
obtained more than two hours after the alleged actual physical control of a
motor vehicle may be used as evidence that within two hours of the alleged
actual physical control of a motor vehicle, a person had 0.10 grams or more of
alcohol per two hundred ten liters of breath or 0.10 percent or more of alcohol
in the person's blood, pursuant to subsection (1) (a) and (b) of this section,
and may be used as evidence that a person was under the influence of or
affected by intoxicating liquors or any drug pursuant to subsection (1) (c) and
(d) of this section.
