6475-S AMS ROAC S4911.1

SSB 6475 - S AMD - 674

By Senators Roach and Fairley

                                                   ADOPTED 2/13/98

    On page 2, line 7, 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 27, after "over, or" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

SSB 6475 - S AMD - 674

By Senators Roach and Fairley

                                                   ADOPTED 2/13/98

    On page 3, at the beginning of line 17, strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

SSB 6475 - S AMD - 674

By Senators Roach and Fairley

                                                   ADOPTED 2/13/98

    On page 4, line 10, 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 16, strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

SSB 6475 - S AMD - 674

By Senators Roach and Fairley

                                                   ADOPTED 2/13/98

    On page 5, line 16, 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 28, 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 37, after "concentration of" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

SSB 6475 - S AMD - 674

By Senators Roach and Fairley

                                                   ADOPTED 2/13/98

    On page 8, beginning on line 29, after "blood was" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

SSB 6475 - S AMD - 674

By Senators Roach and Fairley

                                                   ADOPTED 2/13/98

    On page 9, after line 33, 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.

SSB 6475 - S AMD - 674

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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