The bill amends Washington State's laws regarding impaired driving, specifically targeting the criteria for felony charges and the penalties associated with driving under the influence (DUI). A significant change is the reduction of prior offenses required for a felony charge from three to two, as indicated by the insertion of "two" in place of "three" in both RCW 46.61.502(6) and RCW 46.61.504(6). The bill clarifies definitions related to DUI and establishes specific thresholds for alcohol and THC concentrations. It also maintains that prior legal drug use cannot be used as a defense against DUI charges and outlines affirmative defenses that defendants must prove regarding their consumption of alcohol or cannabis after driving.

Furthermore, the bill introduces mandatory minimum sentences for DUI offenses, particularly for those with a blood alcohol concentration of at least 0.15 or those who refuse breath tests. Offenders are required to serve a minimum of 120 days in jail and 150 days of electronic home monitoring, with specific conditions for waiving these requirements. The legislation also includes monitoring measures such as ignition interlock devices and outlines penalties for offenders with minor passengers. It clarifies the treatment of prior offenses, including out-of-state convictions, and specifies that all fines apply only to adult offenders. The act is set to take effect on January 1, 2026, aiming to strengthen DUI penalties and enhance public safety.

Statutes affected:
Original Bill: 46.61.502, 46.61.504, 46.61.5055