SENATE BILL REPORT

HB 295

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

Senate Hearing Date(s):March 17, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Dick Armstrong (786-7460)

                  March 17, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 17, 1987

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 DWI.  Refusal to take the test results in 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 itself 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 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.

Fiscal Note:      none requested

Senate Committee - Testified: Marv Ryser, Department of Licensing