Washington SB 5782: Concerning spring blade knives.

Bill Text

AN ACT Relating to impaired driving; amending RCW 46.61.502, 1
46.61.504, and 46.61.5055; prescribing penalties; and providing an 2
effective date.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 46.61.502 and 2024 c 306 s 30 are each amended to 5
read as follows:6
(1) A person is guilty of driving while under the influence of 7
intoxicating liquor, cannabis, or any drug if the person drives a 8
vehicle within this state:9
(a) And the person has, within two hours after driving, an 10
alcohol concentration of 0.08 or higher as shown by analysis of the 11
person's breath or blood made under RCW 46.61.506; or12
(b) The person has, within two hours after driving, a THC 13
concentration of 5.00 or higher as shown by analysis of the person's 14
blood made under RCW 46.61.506; or15
(c) While the person is under the influence of or affected by 16
intoxicating liquor, cannabis, or any drug; or17
(d) While the person is under the combined influence of or 18
affected by intoxicating liquor, cannabis, and any drug.19
(2) The fact that a person charged with a violation of this 20
section is or has been entitled to use a drug under the laws of this 21
S-1951.1
SENATE BILL 5782
State of Washington 69th Legislature 2025 Regular Session
By Senator Torres
p. 1 SB 5782

state shall not constitute a defense against a charge of violating 1
this section.2
(3)(a) It is an affirmative defense to a violation of subsection 3
(1)(a) of this section, which the defendant must prove by a 4
preponderance of the evidence, that the defendant consumed a 5
sufficient quantity of alcohol after the time of driving and before 6
the administration of an analysis of the person's breath or blood to 7
cause the defendant's alcohol concentration to be 0.08 or more within 8
two hours after driving. The court shall not admit evidence of this 9
defense unless the defendant notifies the prosecution prior to the 10
omnibus or pretrial hearing in the case of the defendant's intent to 11
assert the affirmative defense.12
(b) It is an affirmative defense to a violation of subsection 13
(1)(b) of this section, which the defendant must prove by a 14
preponderance of the evidence, that the defendant consumed a 15
sufficient quantity of cannabis after the time of driving and before 16
the administration of an analysis of the person's blood to cause the 17
defendant's THC concentration to be 5.00 or more within two hours 18
after driving. The court shall not admit evidence of this defense 19
unless the defendant notifies the prosecution prior to the omnibus or 20
pretrial hearing in the case of the defendant's intent to assert the 21
affirmative defense.22
(4)(a) Analyses of blood or breath samples obtained more than two 23
hours after the alleged driving may be used as evidence that within 24
two hours of the alleged driving, a person had an alcohol 25
concentration of 0.08 or more in violation of subsection (1)(a) of 26
this section, and in any case in which the analysis shows an alcohol 27
concentration above 0.00 may be used as evidence that a person was 28
under the influence of or affected by intoxicating liquor or any drug 29
in violation of subsection (1)(c) or (d) of this section.30
(b) Analyses of blood samples obtained more than two hours after 31
the alleged driving may be used as evidence that within two hours of 32
the alleged driving, a person had a THC concentration of 5.00 or more 33
in violation of subsection (1)(b) of this section, and in any case in 34
which the analysis shows a THC concentration above 0.00 may be used 35
as evidence that a person was under the influence of or affected by 36
cannabis in violation of subsection (1)(c) or (d) of this section.37
(5) Except as provided in subsection (6) of this section, a 38
violation of this section is a gross misdemeanor.39
p. 2 SB 5782

(6) It is a class B felony punishable under chapter 9.94A RCW, or 1
chapter 13.40 RCW if the person is a juvenile, if:2
(a) The person has ((three)) two or more prior offenses within 15 3
years as defined in RCW 46.61.5055; or4
(b) The person has ever previously been convicted of:5
(i) Vehicular homicide while under the influence of intoxicating 6
liquor or any drug, RCW 46.61.520(1)(a);7
(ii) Vehicular assault while under the influence of intoxicating 8
liquor or any drug, RCW 46.61.522(1)(b);9
(iii) An out-of-state offense comparable to the offense specified 10
in (b)(i) or (ii) of this subsection; or11
(iv) A violation of this subsection (6) or RCW 46.61.504(6).12
Sec. 2. RCW 46.61.504 and 2024 c 306 s 32 are each amended to 13
read as follows:14
(1) A person is guilty of being in actual physical control of a 15
motor vehicle while under the influence of intoxicating liquor or any 16
drug if the person has actual physical control of a vehicle within 17
this state:18
(a) And the person has, within two hours after being in actual 19
physical control of the vehicle, an alcohol concentration of 0.08 or 20
higher as shown by analysis of