The bill amends Washington's Revised Code to address impaired driving by lowering the legal blood alcohol concentration (BAC) limit from 0.08 to 0.05 for individuals driving under the influence of intoxicating substances. It introduces new affirmative defenses for defendants who can demonstrate that their BAC or THC levels were below legal limits at the time of testing due to consumption after driving. The legislation also establishes stricter penalties for DUI offenses, including mandatory assessments and treatment for substance use disorders, with specific minimum fines based on BAC levels. For first-time offenders with a BAC under 0.15, penalties include a minimum of 24 hours of imprisonment or electronic home monitoring, while those with a BAC of 0.15 or higher face more severe consequences.
Additionally, the bill modifies existing laws regarding electronic home monitoring and testing protocols for suspected impaired drivers. It allows courts to waive electronic monitoring under certain conditions and clarifies definitions related to prior offenses and treatment. The bill mandates law enforcement to notify the Department of Licensing within 72 hours of an arrest and introduces provisions for deferred prosecution for individuals seeking treatment for substance use disorders. It also requires expanded substance use disorder assessments for reckless and negligent driving convictions stemming from DUI-related charges. The act is set to take effect on July 1, 2026, and includes a public information campaign to inform communities about the changes.
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