Bill Summary – FastDemocracy

Z-0079.2
                                 SENATE BILL 5067
     State of Washington         69th Legislature              2025 Regular Session
     By Senators Lovick    and   McCune;   by   request   of    Washington   Traffic
     Safety Commission
     Prefiled 12/16/24.
      AN ACT Relating to impaired driving; amending RCW 46.61.502,
  46.61.504, 46.61.5055, 46.61.506, 46.20.308, 46.20.3101, 46.25.090,
  38.38.760, and 79A.60.040; adding a new section to chapter 43.59 RCW;
  adding a new section to chapter 66.44 RCW; adding a new section to
  chapter 66.08 RCW; creating a new section; prescribing penalties;
  providing an effective date; and providing an expiration date.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION.   Sec. 1.   (1) The legislature finds that a per se
 0.05 blood alcohol concentration level is the standard throughout
 most of the world. Norway was the first country to establish a per se
 blood alcohol concentration limit of 0.05 in 1936. Since then, most
 countries have adopted blood alcohol concentration limits of 0.05 or
 lower. Eighty-four percent of the world's population lives in
 countries with a blood alcohol concentration limit of 0.05 or lower.
 Studies on the impacts of these laws around the world have found that
 reducing the limit from 0.08 to 0.05 results in an average reduction
 of fatalities involving alcohol-impaired driving by 11 percent
 annually. The national highway traffic safety administration found
 that a driver's risk of crash involvement at 0.05 is double the rate
 of a sober driver, which increases to three times the risk at 0.07.
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     (2) The legislature finds and declares that 2023 was the
 deadliest year on Washington roads since 1990. Washington state saw
 734 fatal crashes resulting in the death of more than 810 people.
 Half of all fatal crashes involve a driver impaired by drugs or
 alcohol, and the state saw a 59 percent increase in crashes involving
 an impaired driver between 2019 and 2023. This alarming upward trend
 must be addressed if Washington state is going to meet its goal of
 target zero.
     (3) The increase in Washingtonians choosing to drive while
 impaired points to a need to adjust Washington's impaired driving
 laws. Utah lowered the blood alcohol concentration limit for
 operating a motor vehicle from 0.08 to 0.05 in 2018 and found that 22
 percent of people who drank alcohol said they changed their behavior
 as a result of the new law. Given the increase in traffic fatalities
 from impaired driving, the legislature declares that it is time to
 keep Washington's roads safer and lower the number of fatal crashes
 caused by impaired drivers by lowering the blood alcohol limit to
 0.05.
     Sec. 2.   RCW 46.61.502 and 2024 c 306 s 30 are each amended to
 read as follows:
     (1) A person is guilty of driving while under the influence of
 intoxicating liquor, cannabis, or any drug if the person drives a
 vehicle within this state:
     (a) And the person has, within two hours after driving, an
 alcohol concentration of ((0.08)) 0.05 or higher as shown by analysis
 of the person's breath or blood made under RCW 46.61.506; or
     (b) The person has, within two hours after driving, a THC
 concentration of 5.00 or higher as shown by analysis of the person's
 blood made under RCW 46.61.506; or
     (c) While the person is under the influence of or affected by
 intoxicating liquor, cannabis, or any drug; or
     (d) While the person is under the combined influence of or
 affected by intoxicating liquor, cannabis, and any drug.
     (2) The fact that a person charged with a violation of this
 section is or has been entitled to use a drug under the laws of this
 state shall not constitute a defense against a charge of violating
 this section.
     (3)(a) It is an affirmative defense to a violation of subsection
 (1)(a) of this section, which the defendant must prove by a
                                     p. 2                          SB 5067
 preponderance of the evidence, that the defendant consumed a
 sufficient quantity of alcohol after the time of driving and before
 the administration of an analysis of the person's breath or blood to
 cause the defendant's alcohol concentration to be ((0.08)) 0.05 or
 more within two hours after driving. The court shall not admit
 evidence of this defense unless the defendant notifies the
 prosecution prior to the omnibus or pretrial hearing in the case of
 the defendant's intent to assert the affirmative defense.
     (b) It is an affirmative defense to a violation of subsection
 (1)(b) of this section, which the defendant must prove by a
 preponderance of the evidence, that the defendant consumed a
 sufficient quantity of cannabis after the time of driving and before
 the administration of an analysis of the person's blood to cause the
 defendant's THC concentration to be 5.00 or more within two hours
 after driving. The court shall not admit evidence of this defense
 unless the defendant notifies the prosecution prior to the omnibus or
 pretrial hearing in the case of the defendant's intent to assert the
 affirmative defense.
     (4)(a) Analyses of blood or breath samples obtained more than two
 hours after the alleged driving may be used as evidence that within
 two hours of the alleged driving, a person had an alcohol
 concentration of ((0.08)) 0.05 or more in violation of subsection
 (1)(a) of this section, and in any case in which the analysis shows
 an alcohol concentration above 0.00 may be used as evidence that a
 person was under the influence of or affected by intoxicating liquor
 or any drug in violation of subsection (1)(c) or (d) of this section.
     (b) Analyses of blood samples obtained more than two hours after
 the alleged driving may be used as evidence that within two hours of
 the alleged driving, a person had a THC concentration of 5.00 or more
 in violation of subsection (1)(b) of this section, and in any case in
 which the analysis shows a THC concentration above 0.00 may be used
 as evidence that a person was under the influence of or affected by
 cannabis in violation of subsection (1)(c) or (d) of this section.
     (5) Except as provided in subsection (6) of this section, a
 violation of this section is a gross misdemeanor.
     (6) It is a class B felony punishable under chapter 9.94A RCW, or
 chapter 13.40 RCW if the person is a juvenile, if:
     (a) The person has three or more prior offenses within 15 years
 as defined in RCW 46.61.5055; or
     (b) The person has ever previously been convicted of:
                                     p. 3                          SB 5067
      (i) Vehicular homicide while under the influence of intoxicating
  liquor or any drug, RCW 46.61.520(1)(a);
      (ii) Vehicular assault while under the influence of intoxicating
  liquor or any drug, RCW 46.61.522(1)(b);
      (iii) An out-of-state offense comparable to the offense specified
  in (b)(i) or (ii) of this subsection; or
      (iv) A violation of this subsection (6) or RCW 46.61.504(6).
     Sec. 3.   RCW 46.61.504 and 2024 c 306 s 32 are each amended to
 read as follows:
     (1) A person is guilty of being in actual physical control of a
 motor vehicle while under the influence of intoxicating liquor or any
 drug if the person has actual physical control of a vehicle within
 this state:
     (a) And the person has, within two hours after being in actual
 physical control of the vehicle, an alcohol concentration of ((0.08))
 0.05 or higher as shown by analysis of the person's breath or blood
 made under RCW 46.61.506; or
     (b) The person has, within two hours after being in actual
 physical control of a vehicle, a THC concentration of 5.00 or higher
 as shown by analysis of the person's blood made under RCW 46.61.506;
 or
     (c) While the person is under the influence of or affected by
 intoxicating liquor or any drug; or
     (d) While the person is under the combined influence of or
 affected by intoxicating liquor and any drug.
     (2) The fact that a person charged with a violation of this
 section is or has been entitled to use a drug under the laws of this
 state does not constitute a defense against any charge of violating
 this section. No person may be convicted under this section and it is
 an affirmative defense to any action pursuant to RCW 46.20.308 to
 suspend, revoke, or deny the privilege to drive if, prior to being
 pursued by a law enforcement officer, the person has moved the
 vehicle safely off the roadway.
     (3)(a) It is an affirmative defense to a violation of subsection
 (1)(a) of this section which the defendant must prove by a
 preponderance of the evidence that the defendant consumed a
 sufficient quantity of alcohol after the time of being in actual
 physical control of the vehicle and before the administration of an
 analysis of the person's breath or blood to cause the defendant's
                                     p. 4                          SB 5067
 alcohol concentration to be ((0.08)) 0.05 or more within two hours
 after being in such control. The court shall not admit evidence of
 this defense unless the defendant notifies the prosecution prior to
 the omnibus or pretrial hearing in the case of the defendant's intent
 to assert the affirmative defense.
     (b) It is an affirmative defense to a violation of subsection
 (1)(b) of this section, which the defendant must prove by a
 preponderance of the evidence, that the defendant consumed a
 sufficient quantity of cannabis after the time of being in actual
 physical control of the vehicle and before the administration of an
 analysis of the person's blood to cause the defendant's THC
 concentration to be 5.00 or more within two hours after being in
 control of the vehicle. The court shall not admit evidence of this
 defense unless the defendant notifies the prosecution prior to the
 omnibus or pretrial hearing in the case of the defendant's intent to
 assert the affirmative defense.
     (4)(a) Analyses of blood or breath samples obtained more than two
 hours after the alleged being in actual physical control of a vehicle
 may be used as evidence that within two hours of the alleged being in
 such control, a person had an alcohol concentration of ((0.08)) 0.05
 or more in violation of subsection (1)(a) of this section, and in any
 case in which the analysis shows an alcohol concentration above 0.00
 may be used as evidence that a person was under the influence of or
 affected by intoxicating liquor or any drug in violation of
 subsection (1)(c) or (d) of this section.
     (b) Analyses of blood samples obtained more than two hours after
 the alleged being in actual physical control of a vehicle may be used
 as evidence that within two hours of the alleged being in control of
 the vehicle, a person had a THC concentration of 5.00 or more in
 violation of subsection (1)(b) of this section, and in any case in
 which the analysis shows a THC concentration above 0.00 may be used
 as evidence that a person was under the influence of or affected by
 cannabis in violation of subsection (1)(c) or (d) of this section.
     (5) Except as provided in subsection (6) of this section, a
 violation of this section is a gross misdemeanor.
     (6) It is a class C felony punishable under chapter 9.94A RCW, or
 chapter 13.40 RCW if the person is a juvenile, if:
     (a) The person has three or more prior offenses within 15 years
 as defined in RCW 46.61.5055; or
     (b) The person has ever previously been convicted of:
                                     p. 5                          SB 5067
      (i) Vehicular homicide while under the influence of intoxicating
  liquor or any drug, RCW 46.61.520(1)(a);
      (ii) Vehicular assault while under the influence of intoxicating
  liquor or any drug, RCW 46.61.522(1)(b);
      (iii) An out-of-state offense comparable to the offense specified
  in (b)(i) or (ii) of this subsection; or
      (iv) A violation of this subsection (6) or RCW 46.61.502(6).
     Sec. 4. RCW 46.61.5055 and 2024 c 306 s 31 are each amended to
 read as follows:
     (1) No prior offenses in seven years. Except as provided in RCW
 46.61.502(6) or 46.61.504(6), a person who is convicted of a
 violation of RCW 46.61.502 or 46.61.504 and who has no prior offense
 within seven years shall be punished as follows:
     (a) Penalty for alcohol concentration less than 0.15. In the case
 of a person whose alcohol concentration was less than 0.15, or for
 whom for reasons other than the person's refusal to take a test
 offered pursuant to RCW 46.20.308 there is no test result indicating
 the person's alcohol concentration:
     (i) By imprisonment for not less than 24 consecutive hours nor
 more than 364 days. In lieu of the mandatory minimum term of
 imprisonment required under this subsection (1)(a)(i), the court, in
 its discretion, may order not less than 15 days of electronic home
 monitoring or a 90-day period of 24/7 sobriety program monitoring.
 The court may consider the offender's pretrial 24/7 sobriety program
 monitoring as fulfilling a portion of posttrial sentencing. The
 offender shall pay the cost of electronic home monitoring. The county
 or municipality in which the penalty is being imposed shall determine
 the cost. The court may also require the offender's electronic home
 monitoring device or other separate alcohol monitoring device to
 include an alcohol detection breathalyzer, and the court may restrict
 the amount of alcohol the offender may consume during the time the
 offender is on electronic home monitoring; and
     (ii) By a fine of not less than $350 nor more than $5,000. $350
 of the fine may not be suspended unless the court finds the offender
 to be indigent; or
     (b) Penalty for alcohol concentration at least 0.15. In the case
 of a person whose alcohol concentration was at least 0.15, or for
 whom by reason of the person's refusal to take a test offered
                                     p. 6                          SB 5067
 pursuant to RCW 46.20.308 there is no test result indicating the
 person's alcohol concentration:
     (i) By imprisonment for not less than 48 consecutive hours nor
 more than 364 days. In lieu of the mandatory minimum term of
 imprisonment required under this subsection (1)(b)(i), the court, in
 its discretion, may order not less than 30 days of electronic home
 monitoring or a 120-day period of 24/7 sobriety program monitoring.
 The court may consider the offender's pretrial 24/7 sobriety program
 testing as fulfilling a portion of posttrial sentencing. The offender
 shall pay the cost of electronic home monitoring. The county or
 municipality in which the penalty is being imposed shall determine
 the cost. The court may also require the offender's electronic home
 monitoring device to include an alcohol detection breathalyzer or
 other separate alcohol monitoring device, and the court may restrict
 the amount of alcohol the offender may consume during the time the
 offender is on electronic home monitoring; and
     (ii) By a fine of not less than $500 nor more than $5,000. $500
 of the fine may not be suspended unless the court finds the offender
 to be indigent.
     (2) One prior offense in seven years. Except as provided in RCW
 46.61.502(6) or 46.61.504(6), a person who is convicted of a
 violation of RCW 46.61.502 or 46.61.504 and who has one prior offense
 within seven years shall be punished as follows:
     (a) Penalty for alcohol concentration less than 0.15. In the case
 of a person whose alcohol concentration was less than 0.15, or for
 whom for reasons other than the person's refusal to take a test
 offered pursuant to RCW 46.20.308 there is no test result indicating
 the person's alcohol concentration:
     (i) By imprisonment for not less than 30 days nor more than 364
 days and 60 days of electronic home monitoring. Thirty days of
 imprisonment and 60 days of electronic home monitoring may not be
 suspended or converted unless the court finds that the imposition of
 this mandatory minimum sentence would impose a substantial risk to
 the offender's physical or mental well-being. If the offender shows
 that the imposition of this mandatory minimum sentence would impose a
 substantial risk to the offender's physical or mental well-being, in
 lieu of the mandatory term of imprisonment and electronic home
 monitoring under this subsection (2)(a)(i), the court may order a
 minimum of either 180 days of electronic home monitoring or a 120-day
 period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300
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 through 36.28A.390. Whenever the mandatory minimum sentence is
 suspended or converted, the court shall state in writing the reason
 for granting the suspension or conversion and the facts upon which
 the suspension or conversion is based. The court may consider the
 offender's pretrial 24/7 sobriety program monitoring as fulfilling a
 portion of posttrial sentencing. The court shall order an expanded
 substance   use  disorder   assessment  and   treatment,  if   deemed
 app