Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

HB 1874

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Addressing the blood and breath alcohol concentration of persons operating or in physical control of a vehicle, vessel, or aircraft.

Sponsors: Representatives Lovick, Klippert, Pellicciotti, Goodman, Kilduff, Ryu, Gregerson, Senn, Kagi, Haler, Stanford, Bergquist and Farrell.

Brief Summary of Bill

  • Lowers the "per se" blood and breath alcohol concentration (BAC) threshold for impaired driving offenses, and related offenses and sanctions, from 0.08 BAC to 0.05 BAC.

Hearing Date: 2/7/17

Staff: Omeara Harrington (786-7136).

Background:

A person may be convicted of impaired driving under either the Driving Under the Influence (DUI) statute or the Physical Control of a Vehicle While Under the Influence (PC) statute. A person is guilty of DUI if he or she drives while under the influence of intoxicating liquor, marijuana, or any drug, and is guilty of PC if he or she has actual physical control of a vehicle while under the influence of intoxicating liquor, marijuana, or any drug.

To be convicted of DUI or PC, the person must either: (1) have a BAC of 0.08 or higher or a THC concentration of 5.00 or higher within two hours after driving or being in physical control of a vehicle; or (2) have been or driving or in physical control while under the influence of or affected by intoxicating liquor or any drug, or a combination of such substances. Driving or physical control of a vehicle with a BAC at or above the 0.08 threshold is a "per se" violation of the DUI and PC laws.  A per se violation requires only the presence of the required BAC level to establish impairment, and does not require additional proof that the driver was impaired.

Other offenses and sanctions also utilize the 0.08 BAC threshold:

Summary of Bill:

The per se BAC threshold for DUI and PC is lowered from 0.08 BAC to 0.05 BAC. The other offenses and sanctions that currently utilize the 0.08 BAC threshold are also changed to reflect the 0.05 BAC threshold.

Appropriation: None.

Fiscal Note: Requested on February 1, 2017.

Effective Date: This bill takes effect 90 days after adjournment of the session in which the bill is passed, except for section 4 which, because of a prior delayed effective date, takes effect January 1, 2019.