E2SHB 3254 -
By Senators Brandland, Fairley, Hargrove, and Kline
ADOPTED 03/07/2008
Beginning on page 28, line 37 of the amendment, strike all of
subsection (4) and insert the following:
"(4) A person who is convicted of a violation of RCW 46.61.502 or
46.61.504 ((and who)) shall be punished under chapter 9.94A RCW if:
(a) The person has four or more prior offenses within ten years((,));
or ((who)) (b) the person has ever previously been convicted of: (i)
A violation of RCW 46.61.520 committed while under the influence of
intoxicating liquor or any drug ((or)); (ii) a violation of RCW
46.61.522 committed while under the influence of intoxicating liquor or
any drug((, shall be punished in accordance with chapter 9.94A RCW));
or (iii) an out-of-state offense comparable to the offense specified in
(b)(i) or (ii) of this subsection."
On page 34, after line 7 of the amendment, insert the following:
"Sec. 15 RCW 46.61.502 and 2006 c 73 s 1 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:
(a) And the person has, within two hours after driving, an alcohol
concentration of 0.08 or higher as shown by analysis of the person's
breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected by
intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected
by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section
is or has been entitled to use a drug under the laws of this state
shall not constitute a defense against a charge of violating this
section.
(3) It is an affirmative defense to a violation of subsection
(1)(a) 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 0.08 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 an alcohol concentration of
0.08 or more in violation of subsection (1)(a) of this section, and in
any case in which the analysis shows an alcohol concentration above
0.00 may be used as evidence that a person was under the influence of
or affected by intoxicating liquor or any drug in violation of
subsection (1)(b) or (c) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or
chapter 13.40 RCW if the person is a juvenile, if: (a) The person has
four or more prior offenses within ten years as defined in RCW
46.61.5055; or (b) the person has ever previously been convicted of (i)
vehicular homicide while under the influence of intoxicating liquor or
any drug, RCW 46.61.520(1)(a), ((or)) (ii) vehicular assault while
under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or (iii) an out-of-state offense comparable to the
offense specified in (b)(i) or (ii) of this subsection.
Sec. 16 RCW 46.61.504 and 2006 c 73 s 2 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:
(a) And the person has, within two hours after being in actual
physical control of the vehicle, an alcohol concentration of 0.08 or
higher as shown by analysis of the person's breath or blood made under
RCW 46.61.506; or
(b) While the person is under the influence of or affected by
intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected
by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section
is or has been entitled to use a drug under the laws of this state does
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) 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 the vehicle and before the administration of an analysis of the
person's breath or blood to cause the defendant's alcohol concentration
to be 0.08 or more within two hours after being in such control. 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 being in actual physical control of a vehicle
may be used as evidence that within two hours of the alleged being in
such control, a person had an alcohol concentration of 0.08 or more in
violation of subsection (1)(a) of this section, and in any case in
which the analysis shows an alcohol concentration above 0.00 may be
used as evidence that a person was under the influence of or affected
by intoxicating liquor or any drug in violation of subsection (1)(b) or
(c) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or
chapter 13.40 RCW if the person is a juvenile, if: (a) The person has
four or more prior offenses within ten years as defined in RCW
46.61.5055; or (b) the person has ever previously been convicted of (i)
vehicular homicide while under the influence of intoxicating liquor or
any drug, RCW 46.61.520(1)(a), ((or)) (ii) vehicular assault while
under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or (iii) an out-of-state offense comparable to the
offense specified in (b)(i) or (ii) of this subsection."
Renumber the remaining sections consecutively and correct any internal references accordingly.
E2SHB 3254 -
By Senators Brandland, Fairley, Hargrove, and Kline
ADOPTED 03/07/2008
On page 34, line 16 of the title amendment, after "46.20.740," strike "and 46.61.5055" and insert "46.61.5055, 46.61.502, and 46.61.504"
EFFECT: Makes DUI a felony if the person has an out-of-state conviction for an offense that is comparable to Washington's DUI- related vehicular assault or DUI-related vehicular homicide.