5141‑S AMH ROBE PICU 3

SSB 5141 ‑ H AMDS TO H COMM AMD (H-2803.l) 685 ADTD 4/7/95

By Representative Robertson and others

     On page 2, beginning on line 17, after "test" insert the following "and that a knowing refusal to submit to the test is a crime punishable as a gross misdemeanor"

     On page 34, after line 12, insert the following:

     "NEW SECTION. Sec. 26. A new section is added to chapter 46.20 RCW to read as follows:

     (l) A person is guilty of refusal to submit to a breath alcohol test when he or she:

     (a) Is arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicants; and

     (b) Receives the warnings under RCW 46.20.308(2); and

     (c) Knowingly, as defined in RCW 9A.08.0l0(l)(b), refuses to submit to the test offered pursuant to RCW 46.20.308.

     (2) Refusal to submit to a breath alcohol test is a gross misdemeanor.

     Correct internal references accordingly.

EFFECT: Creates a criminal offense of refusal to submit to a breath alcohol test and provides for implied consent warnings of potential criminal charges upon a refusal.

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