Revised Code of Washington Section 46.61.502 Section 46.61.504 Section 46.61.5249
Type of DUID Law: Under the Influence, Negligent Driving
- 46.61.502 (1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:
…
(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
- 46.61.504 (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: …
- While the person is under the influence of or affected by intoxicating liquor or any drug; or
- While the person is under the combined influence of or affected by intoxicating liquor and any drug
- 46.61.5249 (1)(a)
A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or an illegal drug.
Type of Drugs Prohibited:
Any drug, including controlled substances or prescription drugs
Possible Defenses Allowed by Statute:
Legal entitlement to use a drug under the laws of this state shall not constitute a defense against a charge of violating section §46.61.502. If the Defendant has moved the vehicle safely off the roadway prior to being pursued by a law enforcement officer, then he/she cannot be convicted under the provision regarding “actual physical control” [§46.61.504]. However, legal entitlement to use the drug is a defense to the charge of “negligent driving” [§46.61.5249
(1)(a)] if the defendant had a valid prescription for the drug consumed and had been consuming the drug according to the prescription directions and warnings.
Implied Consent for Drugs: Yes Special Circumstances:
A person arrested for DUI may be compelled to submit to a test when an accident resulting in serious bodily injury is involved.
Marijuana use in vehicle
Washington allows the recreational and medicinal use of marijuana. It is a traffic infraction for a person to:
- keep marijuana in a vehicle when the vehicle is upon a highway, unless it is in the trunk of the vehicle, in some other area of the vehicle not normally occupied or directly accessible by the driver or passengers if the vehicle does not have a trunk, or unless the marijuana is in a package, container, or receptacle that has not been opened, the seal broken, or contents partially removed;
- consume marijuana in a vehicle when the vehicle is upon the public highway; or (3) place marijuana in a container specifically labeled by the manufacturer of the container as containing a non-marijuana
Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws
