SENATE BILL REPORT
SB 5002
As of January 12, 2023
Title: An act relating to alcohol concentration.
Brief Description: Concerning alcohol concentration.
Sponsors: Senators Lovick, Liias, Dhingra, Kuderer, McCune, Nguyen, Rolfes, Shewmake, Valdez, Wilson, C., Wilson, J. and Wilson, L..
Brief History:
Committee Activity: Law & Justice: 1/16/23.
Brief Summary of Bill
  • Reduces the breath or blood alcohol concentration limit for operating a motor vehicle from 0.08 to 0.05.
  • Reduces the breath or blood alcohol concentration limit for physical control of a motor vehicle from 0.08 to 0.05.
SENATE COMMITTEE ON LAW & JUSTICE
Staff: Tim Ford
Background:

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

  • with a breath or blood 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 felony offense if a person has three or more prior convictions within ten years.
Summary of Bill:

Impaired Driving.  The breath or blood alcohol concentration limit of 0.08 percent or higher is reduced to 0.05 or higher for a person guilty of:

  • driving while under the influence of intoxicating liquor, cannabis, or any drug; or
  • being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug.
Appropriation: None.
Fiscal Note: Requested on January 4, 2022.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: The bill takes effect on July 1, 2023.