6257 AMS ROAC S4910.1
SB 6257 - S AMD - 673
By Senators Roach and Fairley
ADOPTED 2/13/98
On
page 2, line 3, after "concentration of" strike "0.02 or
more" and insert "((0.02 or more)) in violation of RCW
46.61.503"
On
page 2, line 23, after "over, or" strike "0.02 or more" and
insert "((0.02 or more)) in violation of RCW 46.61.503"
SB 6257 - S AMD - 673
By Senators Roach and Fairley
ADOPTED 2/13/98
On
page 3, at the beginning of line 13, strike "0.02 or more" and insert
"((0.02 or more)) in violation of RCW 46.61.503"
SB 6257 - S AMD - 673
By Senators Roach and Fairley
ADOPTED 2/13/98
On
page 4, line 6, after "concentration of" strike "0.02 or
more" and insert "((0.02 or more)) in violation of RCW
46.61.503"
On
page 4, at the beginning of line 12, strike "0.02 or more" and insert
"((0.02 or more)) in violation of RCW 46.61.503"
SB 6257 - S AMD - 673
By Senators Roach and Fairley
ADOPTED 2/13/98
On
page 5, line 12, after "concentration of" strike "0.02 or
more" and insert "((0.02 or more)) in violation of RCW
46.61.503"
On
page 5, line 24, after "or was" strike "0.02 or more" and
insert "((0.02 or more)) in violation of RCW 46.61.503"
On
page 5, line 33, after "concentration of" strike "0.02 or
more" and insert "((0.02 or more)) in violation of RCW
46.61.503"
SB 6257 - S AMD - 673
By SenatorS Roach and Fairley
ADOPTED 2/13/98
On
page 8, beginning on line 21, after "blood was" strike "0.02 or
more" and insert "((0.02 or more)) in violation of RCW
46.61.503"
SB 6257 - S AMD - 673
By SenatorS Roach and Fairley
ADOPTED 2/13/98
On page 9, after line 25, insert the following:
"Sec. 4. RCW 46.61.503 and 1995 c 332 s 2 are each amended to read as follows:
(1) Notwithstanding any other provision of this title, a person is guilty of driving a motor vehicle after consuming alcohol if the person operates a motor vehicle within this state and the person:
(a) Is under the age of twenty-one;
(b)
Has, within two hours after operating the motor vehicle, an alcohol
concentration of ((0.02 or more)) at least 0.02 but less than the
concentration specified in RCW 46.61.502, as shown by analysis of the
person's breath or blood made under RCW 46.61.506.
(2)
It is an affirmative defense to a violation of subsection (1) 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 ((0.02 or more)) in
violation of subsection (1) of this section within two hours after
driving. The court shall not admit evidence of this defense unless the
defendant notifies the prosecution prior to the earlier of: (a) Seven days
prior to trial; or (b) the omnibus or pretrial hearing in the case of the
defendant's intent to assert the affirmative defense.
(3)
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 an alcohol concentration ((of 0.02 or more)) in
violation of subsection (1) of this section.
(4) A violation of this section is a misdemeanor."
Renumber the remaining sections consecutively and correct internal references accordingly.
SB 6257 - S AMD - 673
By Senators Roach and Fairley
ADOPTED 2/13/98
On page 1, line 2 of the title, after "46.61.502," insert "46.61.503,"
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