In the state of Washington, a driver may be charged with DUI (driving under the influence) if:
- The results of a breath or blood test show the amount of alcohol in the driver’s blood to be:
- .08 or higher for adults (21 and over).
- .04 or higher for commercial vehicle drivers o .02 or higher for minors (under 21).
or
- He or she is found to be driving a vehicle under the influence or affected by alcohol, any drug, or a combination of alcohol and drugs, regardless of the concentration of alcohol in their breath or blood.
o Starting August 1, 2012, the definition of a drug also includes any chemical inhaled or ingested for its intoxicating or hallucinatory effects.
Washington DUI Laws – statute(s) RCWA 46.61.502.
Washington DUI Laws – standard
- “A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state: . . . [w]hile the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug.” RCWA 46.61.502(1)(c).
Washington DUI Laws – applicable substances Marijuana or any drug.
Washington DUI Laws – affirmative defense
- “The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.” RCWA 46.61.502(2).
Washington Per se – standard
- For drivers age 21 or older, “a person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state: . . . [t]he person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person’s blood . . . .” RCWA 46.61.502(1)(b).
- For drivers under age 21, “a person is guilty of driving or being in physical control of a
motor vehicle after consuming . . . marijuana if the person . . . [h]as, within two hours after operating or being in physical control of the motor vehicle . . . [a] THC concentration above 0.00 but less than the concentration specified in RCW 46.61.502. RCWA 46.61.503(1)(b). Per se – applicable substances THC. Per se – affirmative defense(s)
- For drivers age 21 or older, “it is an affirmative defense . . . that the defendant consumed a sufficient quantity of marijuana after the time of driving and before the administration of an analysis of the person’s blood to cause the defendant’s THC concentration to be
5.00 or more within two hours after driving.” RCWA 46.61.502(3)(b). For drivers under age 21, there is a similar affirmative defense. RCWA 46.61.503(2).
Washington Implied consent – applicable drivers
- Any person who operates a motor vehicle in Washington. RCWA 46.20.308(1).
Washington Implied consent – tests authorized
- The implied consent statute appears to apply only to the testing of a driver’s breath.
RCWA 46.20.308(1). However, the law further provides that nothing [in RCWA
46.20.308 ] (1), (2), or (3) . . . precludes a law enforcement officer from obtaining a person’s blood to test for . . . marijuana, or any drug, pursuant to a search warrant, a valid waiver of the warrant requirement, when exigent circumstances exist, or under any other authority of law.” RCWA 46.20.308(4). Implied consent – basis for test In cases of a warrant, the LEO must have “reasonable grounds to believe” that the driver is violating state drugged driving laws. RCWA 46.20.308(4).
Washington Implied consent – evidence of refusal
- The refusal of a person to submit to a test of the alcohol or drug concentration in the person’s blood or breath under RCW 46.20.308 is admissible into evidence at a
subsequent criminal trial. RCWA 46.61.517.
