HB 2362 — Impaired driving

Summary

Concerning impaired driving.

Bill Text

Compared against the Revised Code of Washington as published AI-generated reading aid — verify against the official bill.

This bill amends 7 section(s) of the Revised Code of Washington: RCW 46.61.502; RCW 46.61.504; RCW 46.61.5055; RCW 46.61.506; RCW 46.20.308; RCW 46.20.

• RCW 46.61.502

  0.08 0.08 0.08 → and 24 of ivin bis, an as, thin 0.05 he denc t umed of hol ing bef f an alys th lood 's a hol 0.05 urs ter def e u th nibu nt t sert ffir ve ctio whi he denc of c abis f an alys cent on cour hall not es t the e of of b d or eged ving al ed 0.05 cati liqu cati liqu cifi in (

  amended

• RCW 46.61.504

  0.08 0.08 0.08 → ded read l of moto or a drug with this actu phys 0.05 0.05 tw ours evid e of on p r to nt's tent sub tion rove y a cons d a in tual atio f an dant THC r b in ce this ior the s in t to re t two f a icle ed b g in 0.05

  amended

• RCW 46.61.5055

  dollars 0.08 → No prior offenses in seven years. Penalty for alcohol concentration less than 0.15. Penalty for alcohol concentration at least 0.15. One prior offense in seven years. Penalty for alcohol concentration less than 0.15. Penalty for alcohol concentration at least 0.15. Two prior offenses in seven years. Penalty for alcohol concentration less than 0.15. Penalty for alcohol concentration at least 0.15. restric e time By a f Three or more prior offenses in 15 years. Monitoring. Ignition interlock device. Monitoring devices. 24/7 sobriety program monitoring. Penalty for having a minor passenger in vehicle. Other items courts must consider while setting penalties. Treatment and information school. Driver's license privileges of the defendant. Penalty for alcohol concentration less than 0.15. Penalty for alcohol concentration at least 0.15. Penalty for refusing to take test. (c pon at a rtic part t mu en t inat e pr am, a pens .20. 1 or (d pon nd, th .20. has eric or c cens per spen , or e f ng ceip f t voke susp ivil of (e or fer the term ng t (1 Probation of driving privilege. riod f s cens perm part t s obat ary (1 Conditions of probation. nsus dabl ctio when all o su riod t ex obat tha ate hout hicl ithi her nanc .30. ; (i hicl ithi 0.05 Waiver of electronic home monitoring. Extraordinary medical placement. Definitions. ante in another state a cal trol of a vehicle ile quor any drug if the of- ent the deferred pros ion req ement that the de ant reat t program; or osed n a prosecution a 1.50 or 9A.36.050, an harg nder which the d red fil as a violation vale local ordinance, a 2; evok based on a sub ent th subsection (14)(a the eate s a prior offense the urpo of sentencing; use order treatment l sed th; tha the arrest for a ior befo or after the arre for the rest for a prior nse fter e arrest for the ent ecti apply to adult of ers

  amended

• RCW 46.61.506

  0.08 two hundred ten fifteen fifteen- minute thirty-four ten .072 to .088 → c 8 33 are each amen to r cr nal action or pro ing be committed by any son ontr of a vehicle while der or y drug, if the p n's 0.05 or the person THC vidence that m be etermining wheth the liquor or any dr alcohol concen ion 210 (b) The blood a n's TH nc shall be based upon nanogram whole b . (c) The foreg this ti not be construed as limi ion of ny ompetent evidence bearing u ther t er nder the influence of intoxi drug. (3) Analysis o d or b th nsidered valid under the p sectio r .502 or 46.61.504 shall ha cording m roved by the state toxicolog dual p ss d permit issued by the st or thi pu e state toxicologist is d sati to ques or methods, to superv of i id scertain their qualification conduc uc , and to issue permits whic o termi io ation at the discretion of t t. (4)(a) A breat any ins me d by the state toxicologis sible in an administrative pro ecution d produces prima facie evidenc (i) The person test wa ut perform such test by the st (ii) The perso not vom or thing to eat, drink, or smo 15 prior to administration of t (iii) The pe foreign substances, not t ixed or removable, in his (iv) Pri o a liquid simul , measured by er t w ⟦INS⟧34 gre ce ssa "v 10 (vii) The sult of the ternal stand or dry gas .045 to .055 is erfo 18 RC st b erfo the artm es t no llec usi t b thor lect ust ted. a li sed (5 of her lifi more ests w en ceme son tabl que met by erso the st o . n wh hall emen ffic mad aila

  amended

• RCW 46.61.506

  0.08 two hundred ten fifteen- minute thirty-four ten .072 to .088 → 58 5097 r cr nal be comm ontr of a or y dr 0.05 (2)(a) The bre alcohol concentration shall be based up liters of breath. (b) The blood a shall be based upon nanogram (c) The foreg not be construed as limi ompetent evidence bearing u nder the influence of intoxi (3) Analysis o nsidered valid under the p .502 or 46.61.504 shall ha roved by the state toxicolog d permit issued by the st e state toxicologist is d ques or methods, to superv scertain their qualification , and to issue permits whic ation at the discretion of t (4)(a) A breat d by the state toxicologis in an administrative pro produces prima facie evidenc (i) The person perform such test by the st (ii) The perso thing to eat, drink, or rior to administration of t (iii) The pe foreign substances, not t ixed or removable, in his (iv) Pri o quid simul asured by er 34 (vi) The t breath sampl 10 percent of eir mean to e state toxi ogist; (vii) The sult of the ternal stand or dry gas .045 to .055

  amended

• RCW 46.20.308

  twenty-one twenty-one 0.08 twenty-one twenty-one 0.08 twenty-one twenty-one thirty seventy-two twenty-one)) 21 years and had been driving or was in actual physical control of a motor vehicle while having an alcohol or THC concentration in violation of RCW 46.61.503; (ii) That after receipt of any applicable warnings required by subsection (2) of this section the person refused to submit to a test of his or her breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was ((0.08 twenty-one twenty- one three hundred seventy-five dollars three hundred seventy-five dollar three hundred seventy-five dollar thirty thirty twenty-one 0.08 twenty-one twenty-one twenty-one twenty-one thirty one hundred fifty → the flue intoxicating liquor o any d o of 46. tes or t f breath shall be ad inister a a enf t officer having rea nable un pers to h n driving or in ac ua physic co vehi wi is state while under the in en liq or g or the person to ha e been vi ysic cont a motor vehicle while having oh ion vio of RCW 46.61.503 in is or s der e ag to adm st t p uant section, the office shall or is o er der this section o efuse b f hi r he to have additional ests ad is ifie erso s or her choosing a provid i he icer warn the driver, n substan ll ngua tha he d er r to take the test, he driver' ic rivi e to will be revoked or d nied fo t d he ver to take the test, th driver re test y be a criminal trial; an the driv its to the test nd the es , t driv cense, permit, or p ivilege ende revo denied for at least ( 90 dri is er ithe that concentration of 0.05 21 concentr on 21 en offi to or te o his or h br est l be erwise th zed by law hing sub or (3 of his secti pr law orce btaini a rson's blo to alc l, c g, pu an to a sear wa vali aive equire t, hen exige ci s ex or hority f . Any blo dr e p se o erson' lc ol, cannab le any g, o thi ec on when t of rea ble that e erson is ph trol r dr der t in uence or vi 61.5 aft rres her ap ca e conditio an ents this atisfi a est or tes of n's od o ered a th test resul in t t alco the so s breath bl 0.05 THC co nt tion of t pe son is e 21 on of p son's brea or entrat o the person bl the ag f 21 st, th rr rectio ny if th rr person oke, o en equire y person , spec in ided b ub icense p 30 license is alid any greater degree than the license or permit that it repl ces; (d) Imme iatel notify the department of the arrest and transmit to the depar ment thin 72 hours, except as delayed as the resu t of blood test, a sworn report or report under a declaration uthor d by chapter 5.50 RCW that states: (i) Tha the fficer had reasonable grounds to believe the arrested per on ha been driving or was in actual physical control of a motor ve icle thin this state while under the influence of intoxicating liqu or drugs, or both, or was under the age of ⟦INS⟧0.05 or more, or the THC concentration of the per 's or more, if the person is age 21 ov alcohol concentration of the pers breath or od ore, or the THC concentration of t erson's blo wa if the person is under the age o 21 nformation that the director may uire of licensing, upon the receipt a sw a declaration authorized by chapte .50 of this section, shall suspend, oke, ense, permit, or privilege to dr or rivilege, as provided in RCW 46.20 1, s or denial to be effective beginn thi arrest or from the date notice has n gi s given by the department followi a bl d at a hearing pursuant to subsect (7) occurs first. ving notification under subsection )(b) n seven days after the notice has giv rmal hearing before the department. per $375 within ven ys after receipt of the notification. Upon timely receip f su a request for a formal hearing, including receipt of the r red depart t sh rd the perso n ortunity for a hearing. The depart t m e the requ d $375 the person ined i CW otherwise p id the h ng ll be schedu a ordanc th .20.332. The ar cted i he except that l ing ma at department, ne or er e hearing s l 30 days, Sunday an pt of such ue s, lowing the te by the ar to by the pa e departme s subsecti (5 se eligib fo ment and p e hearing t e of the ar ent office ad iving or i this sta w any drug o ad motor veh system in on m in a con tr 21 rrant req em exigent circ tances exist or other auth ty permitted und this section nd e test or ts that the alco l concentrati of 's breath b m re, or th HC ion of the rs as 5.00 or re if the p on 21 he time of e arrest, or at n's breath blood was 0. or person's b d was above 0, 21 at the ti of be in act physical co ol fluence of toxicating l or 21 at the ti of vehicle le of 0.02 o HC hearing of er .61.504(3) nd the affirm ve worn repor or 0 RCW subm ed hat the of er driving o as his state le or both, o he trol of a or or her s em her system a 21 prese ev t th

  amended

• RCW 46.20

  twenty-one 0.08 ninety twenty- one ninety twenty-one → 1 ach ended to read as foll s: Pursuant o RCW 46. 30 uspe revoke, or deny the rrested pe n' ileg to drive as follows: (1) In t case of a rs or t s: (a) For first ref l the has not been a pre ous incid t r lted in administrati action u r or nial for one year; (b) For second or se n ye , or for a first ref al where t e ious ncidents within seven ears that ve e a on under this section revocation til e person reaches age 21 (2) In t ca subm ed to or been admini re t t alcohol concentratio f 0.05 or more, or tha he 5.00 or more: (a) For fi has not been a pre us lted in administrati ac 90 days, unl t ed in a pretrial 24/ ob (b) For s years, revocation o en (3) In t ca su dicating t ood was 0. or ood was ab 0 (a) For ir r ⟦INS⟧90 (b) For s vocation o de 21 4) T depa pens , re orti of .61. lrea ser .505 or a th sect t, s l pr sect , an t.

  amended

• RCW 46.20.308

  0.08 sixteen → llow 1) A erso le f a pe ved the e pe n ha ther risd a) D ing b) ving ntra n i rabl moun veh e wh 0.05 (ii) o s od of d al rious t c r findi ha le dri a arisin om must b un ing a er one yea c on of ut five y i or i un orders e ; an five rs of or ou of-serv or inciden two ye f a firs ol dous ma ls t 16 or e ed for er rs if, ng ound t ve orders in ials, o il 16

  amended

• RCW 38.38.760

  0.08 0.08 two hundred ten → ) physi ally c aircraft, or ves i ss or wanton impaired by a sub nce n RCW 8.38.7 ) O is in actual f any vehicle, air ft, while drunk o ncentration in the rso r breath is the applicable lim und n (2) f this ) O is in actual f any vehicle, air ft, n a re kless sha be a cour -marti ) F of s bsecti ion, the blood alc l it wit respe ntration in a per 's ( )) 100 lli d an ith ncentration in a p on' 0.05 ⟦INS⟧210 is. cont lim on's lood ai aft,

  amended

Action History

1. January 23, 2026

   Referred to Transportation.

Sponsors

• (Donaghy) · Primary

Subjects