SENATE BILL REPORT
SB 5054
As of January 19, 2021
Title: An act relating to impaired driving.
Brief Description: Concerning impaired driving.
Sponsors: Senators Padden, Frockt, Conway, McCune and Short.
Brief History:
Committee Activity: Law & Justice: 1/21/21.
Brief Summary of Bill
  • Changes the period for reviewing prior convictions of impaired driving from a 10 year period to a 15 year period for the purpose of determining whether the current offense of impaired driving is a felony.
SENATE COMMITTEE ON LAW & JUSTICE
Staff: Tim Ford (786-7423)
Background:

Impaired Driving.  A person commits the crime of driving while under the influence (DUI) of intoxicating liquor, marijuana, or any drug if the person drives a motor vehicle:

  • with a blood or breath alcohol concentration of 0.08 percent or higher; 
  • with a THC concentration of five or higher in their blood; or
  • under the influence or a combined influence of intoxicating liquor, marijuana, and any drug.  

 

The same factors apply for the crime of being in physical control (PC) of a motor vehicle while under the influence of intoxicating liquor, marijuana, or any drug if the person has actual physical control of a vehicle. 

 

A DUI or PC criminal offense is punishable as a gross misdemeanor if the person has fewer than three prior DUI or PC convictions within seven years.  It becomes a class B felony for a DUI offense, and a class C felony for a PC offense if a person has three or more prior convictions within ten years.  

 

Prior offenses include convictions for:

  • DUI or PC;
  • vehicular homicide and vehicular assault if either was committed while under the influence; and
  • an equivalent local DUI or PC ordinance or out-of-state DUI law.
Summary of Bill:

The 10 year look back period for a person with three or more prior DUI or PC offenses is changed to a 15 year look-back, increasing the penalty from a gross misdemeanor to a felony offense for any person who has three or more prior DUI or PC offenses within that time.
Appropriation: None.
Fiscal Note: Requested on January 18, 2021.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.