HOUSE BILL REPORT

HB 663

BYRepresentatives Dellwo and Armstrong

Making breath alcohol testing laws consistent.

House Committe on Judiciary

Majority Report:     Do pass.  (14)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, Locke, Moyer, Niemi, Padden, Patrick, Schmidt, Wang and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE MARCH 12, 1987

BACKGROUND:

In 1986, the legislature changed the definition of Driving While Intoxicated so that the amount of alcohol in a person's breath rather than in his or her blood determines whether or not he or she has committed the crime.  Many DWI-related statutes were also amended to reflect this definitional change.  One DWI-related statute was not so amended.  This statute allows a court to hear evidence that a driver refused to take an alcohol test when arrested for DWI.  The statute still refers to the alcohol content of the driver's "blood".

SUMMARY:

The statute that allows evidence of refusal to take an alcohol test to be admitted at trial is amended to conform to the 1986 changes in the definition of DWI.

EFFECT OF SENATE AMENDMENT(S):  The amendments add provisions relating to so-called ignition interlock devices.  A court may require a person who has been given a deferred prosecution for, or convicted of, an offense involving the use of alcohol to operate only a motor vehicle equipped with an approved ignition interlock device.  If a court determines that an offender should have an ignition interlock device installed in the vehicle, the device is required to be installed for a minimum of six months.

The Commission on Equipment is required to establish standards for the certification, installation, repair and removal of interlock devices.

The Department of Licensing is to attach or imprint a notation on the drivers license of a person placed under such a restriction by a court.

It is a gross misdemeanor for a person to assist another person who is required to use an ignition interlock device in a motor vehicle to start and operate that motor vehicle.  The criminal penalty does not apply if the motor vehicle is started for safety or mechanical repair.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Prime Sponsor.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The bill makes a necessary technical correction and will prevent possible invalidation of last year's enactment.

House Committee - Testimony Against: None Presented.