H-2025.2  _______________________________________________

                          HOUSE BILL 2188

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representative Kessler

Read first time 02/25/97.  Referred to Committee on Law & Justice.

Driving a motor vehicle after consuming alcohol.

    AN ACT Relating to driving a motor vehicle after consuming alcohol; and amending RCW 46.61.503.

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

    Sec. 1.  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) The person:

(i) Is under the age of twenty-one; and

    (((b))) (ii) Has, within two hours after operating the motor vehicle, an alcohol concentration of 0.02 or more, as shown by analysis of the person's breath or blood made under RCW 46.61.506; or

(b) The person:

(i) Is under the age of twenty-one; and

(ii) At the time of arrest and/or traffic stop was operating a motor vehicle and was in the possession of, or in control of, alcohol in an open container.

    (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 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.

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