FINAL BILL REPORT

HB 295

                                   C 22 L 87

BYRepresentatives Heavey, Padden and Armstrong; by request of Department of Licensing

Revising findings required under the Implied Consent Law.

House Committe on Judiciary

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Under the state's "implied consent law," every driver agrees to have his or her breath or blood tested for alcohol content if he or she is arrested for driving while intoxicated (DWI).  Refusal to take the test causes the loss of driving privileges.  Loss of driving privileges is through an administrative process conducted by the Department of Licensing that operates independently of any criminal action in court on the DWI arrest.

The implied consent law and the DWI law apply to drivers operating a vehicle "within this state."  However, the implied consent law refers to violating the DWI law while "upon the public highways of this state".

Hearings under the implied consent law are conducted by the Department of Licensing and are held in the county of arrest.  Appeals from the decision of the department are to the superior court in the county of the driver's residence, or the county of arrest if the driver is from outside the state.

SUMMARY:

All references in the implied consent law to the place in which a driving while intoxicated (DWI) offense is committed are changed to "within this state."  Appeals from administrative determinations under the implied consent law are to be filed in the county in which the DWI arrest was made.

VOTES ON FINAL PASSAGE:

      House 97   0

      Senate    48     1

EFFECTIVE:July 26, 1987