The bill amends Washington's Revised Code to lower the legal blood alcohol concentration (BAC) limit for driving under the influence from 0.08 to
0.05. This change applies to all individuals operating a vehicle while impaired by alcohol, cannabis, or drugs. The legislation introduces new affirmative defenses for defendants who can demonstrate that their BAC or THC levels were below the legal limits at the time of testing due to consumption after driving. It also establishes stricter penalties for DUI offenses, including mandatory assessments and treatment for substance use disorders, and modifies penalties for first-time and repeat offenders, including specific terms of imprisonment and electronic home monitoring requirements.
Additionally, the bill outlines new procedures for blood and breath testing, clarifies the conditions under which electronic home monitoring may be waived, and mandates that law enforcement notify the Department of Licensing within 72 hours of a DUI arrest. It emphasizes the importance of compliance with ignition interlock device requirements and establishes a public information campaign to educate the public about the new BAC threshold. The act is set to take effect on July 1, 2026, and includes provisions for evaluating its impact on traffic safety and DUI arrests within two years of implementation.
Statutes affected: Original Bill: 46.61.502, 46.61.503, 46.61.504, 46.61.5055, 46.61.506, 46.20.308, 46.20.3101, 46.61.500, 46.61.5249