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

• with a blood or breath alcohol concentration (BAC) of 0.08 or higher;
• with a THC concentration of 5.00 or higher; or
• while under the influence or a combined influence of intoxicating liquor, cannabis, or any drug.

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A person commits the crime of being in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle and the person has, within two hours of being in physical control of the vehicle, a BAC of 0.08 or higher, or the person has, within two hours of being in physical control of the vehicle, a THC concentration of 5.00 or higher.

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Both DUI and physical control while under the influence are gross misdemeanor crimes if the person convicted has fewer than three prior DUI or physical control convictions within seven years. Upon a third or subsequent conviction for DUI or physical control within ten years, the crimes are elevated to felony offenses.

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A person commits the crime of operating a vessel, or watercraft, under the influence of intoxicating liquor if, within two hours of operating a vessel, the person has a blood or breath alcohol concentration of 0.08 or higher. Operating a vessel under the influence is a gross misdemeanor crime.

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Alcoholic Beverage Control Act. Under the Alcoholic Beverage Control Act, no person is permitted to sell any liquor to any person apparently under the influence of liquor. In Barret v. Lucky Seven Saloon, Inc. the Washington State Supreme Court held the relevant portion of this act, defines the minimum standard of conduct for commercial vendors of alcoholic beverages when serving their customers, and is the basis for determining the civil liability of that vendor for injuries to third persons caused by an intoxicated driver.

The bill as referred to committee not considered.

Impaired Driving. The blood alcohol concentration limit of 0.08 is reduced to 0.05 for a person to be found guilty of:

• driving under the influence of liquor;
• actual physical control of a vehicle while under the influence of liquor; and
• operating a vessel under the influence of liquor.

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Public Information Campaign. The Washington Traffic Safety Commission (WTSC) must develop and implement a public information campaign related to the reduction of permissible BAC. In developing the campaign, WTSC must:

• ensure television, radio, and online advertisements are provided in all areas of the state;
• include multiple print advertisements in the largest newspapers in each county;
• provide content of the public information campaign in the top nine most significant non-English languages spoken in the state;
• consider equity outcomes on overburdened communities; and
• ensure that at least 10 percent of the advertisements are developed in conjunction with in-state hospitality stakeholders and educate drivers about safe alternatives to driving while patronizing hospitality businesses.

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Alcoholic Beverage Control Act. The Legislature finds that:

• current civil law relating to civil liability is that a licensed commercial vendor or quasi-commercial vendor owes a duty to third persons not to sell, serve, or furnish alcohol to a person who is apparently under the influence of alcohol or who is obviously intoxicated;
• this current civil law is both statutory and developed through caselaw; and
• civil liability to third persons under the civil law does not depend on a finding of the blood or breath concentrations.

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Nothing in this act may be construed to change current civil law related to the civil liability of a licensed commercial vendor or quasi-commercial vendor.

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Evaluation of the Act. The Washington State Institute for Public Policy must conduct an evaluation of the impacts of this act during the first two years of implementation. By March 1, 2029, the institute must submit a report to the appropriate committees of the Legislature detailing the results of its evaluation. The evaluation must include, but is not limited to, the impact of this act on:

• the number of serious and fatal traffic crashes;
• driving under the influence arrests and adjudications for driving under the influence offenses;
• equity outcomes on overburdened communities;
• sales and other business effects on the hospitality industry in the state; and
• sales and other business effects on breweries, wineries, and distilleries in the state.