H-534                _______________________________________________

                                                    HOUSE BILL NO. 456

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Crane, Kremen, Hargrove, Rayburn and Valle

Read first time 2/1/85 and referred to Committee on Judiciary.

AN ACT Relating to driving while intoxicated; and adding a new section to chapter 46.64 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 46.64 RCW to read as follows:

          (1) A law enforcement officer who has reasonable grounds to believe that a person has been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor may require the person to submit to one or more preliminary chemical breath analyses.

          (2) A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.

          (3) The fact that a law enforcement officer offered or required a person to submit to a preliminary chemical breath analysis shall have no bearing upon RCW 46.20.308, 46.20.311, and 46.61.506.  Refusal to take a preliminary chemical breath analysis shall not be deemed a violation of RCW 46.20.308, nor shall the taking of such a test satisfy the requirements of RCW 46.20.308, 46.20.311, and 46.61.506.

          (4) The results of a preliminary chemical breath analysis shall be admissible in a criminal prosecution or in an administrative hearing under the following circumstances:

          (a) To assist the court or hearing officer in determining a challenge to the validity of an arrest;

          (b) In a criminal prosecution, to corroborate or rebut the results of chemical test or tests administered under RCW 46.61.506, and with a jury instruction, where applicable, that the results may only be considered for that purpose.