RCW 46.61.504
Physical control of vehicle while under the influence.
(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:
(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after being in actual physical control of a vehicle, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) 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 does not constitute a defense against any charge of violating this section. No person may be convicted under this section and it is an affirmative defense to any action pursuant to RCW 46.20.308 to suspend, revoke, or deny the privilege to drive if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of cannabis after the time of being in actual physical control of the vehicle 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 being in control of the vehicle. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in control of the vehicle, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by cannabis in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has three or more prior offenses within ten years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.502(6).
[ 2022 c 16 § 42; 2017 c 335 § 2; 2015 2nd sp.s. c 3 § 24; 2013 c 3 § 35 (Initiative Measure No. 502, approved November 6, 2012); 2011 c 293 § 3; 2008 c 282 § 21; 2006 c 73 § 2; 1998 c 213 § 5; 1994 c 275 § 3; 1993 c 328 § 2; 1987 c 373 § 3; 1986 c 153 § 3; 1979 ex.s. c 176 § 2.]
NOTES:
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Effective date—2011 c 293 §§ 1-9: See note following RCW 46.20.385.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—1998 c 213: See note following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Criminal history and driving record: RCW 46.61.513.
Structure Revised Code of Washington
Chapter 46.61 - Rules of the Road.
46.61.005 - Chapter refers to vehicles upon highways—Exceptions.
46.61.015 - Obedience to police officers, flaggers, or firefighters—Penalty.
46.61.020 - Refusal to give information to or cooperate with officer—Penalty.
46.61.021 - Duty to obey law enforcement officer—Authority of officer.
46.61.022 - Failure to obey officer—Penalty.
46.61.024 - Attempting to elude police vehicle—Defense—License revocation.
46.61.025 - Persons riding animals or driving animal-drawn vehicles.
46.61.030 - Persons working on highway right-of-way—Exceptions.
46.61.035 - Authorized emergency vehicles.
46.61.050 - Obedience to and required traffic control devices.
46.61.055 - Traffic control signal legend.
46.61.060 - Pedestrian control signals—Pedestrians, personal delivery devices.
46.61.070 - Lane-direction-control signals.
46.61.072 - Special traffic control signals—Legend.
46.61.075 - Display of unauthorized signs, signals, or markings.
46.61.080 - Interference with official traffic-control devices or railroad signs or signals.
46.61.100 - Keep right except when passing, etc.
46.61.105 - Passing vehicles proceeding in opposite directions.
46.61.110 - Overtaking on the left—Fine.
46.61.115 - When overtaking on the right is permitted.
46.61.120 - Limitations on overtaking on the left.
46.61.125 - Further limitations on driving to left of center of roadway.
46.61.126 - Pedestrians and bicyclists—Legal duties.
46.61.135 - One-way roadways and rotary traffic islands.
46.61.140 - Driving on roadways laned for traffic.
46.61.145 - Following too closely—Vulnerable users of a public way—Fine.
46.61.150 - Driving on divided highways.
46.61.155 - Restricted access.
46.61.160 - Restrictions on limited access highway—Use by bicyclists.
46.61.165 - High occupancy vehicle lanes—Monetary penalties for traffic infractions—Definition.
46.61.180 - Vehicle approaching intersection—Vulnerable users of a public way—Fine.
46.61.183 - Nonfunctioning signal lights.
46.61.185 - Vehicle turning left—Vulnerable users of a public way—Fine.
46.61.190 - Vehicle entering stop or yield intersection—Vulnerable users of a public way—Fine.
46.61.195 - Arterial highways designated—Stopping on entering.
46.61.200 - Stop intersections other than arterial may be designated.
46.61.202 - Stopping when traffic obstructed.
46.61.210 - Operation of vehicles on approach of emergency vehicles.
46.61.212 - Emergency or work zones—Approaching—Penalty—Violation.
46.61.215 - Highway construction and maintenance.
46.61.230 - Pedestrians subject to traffic regulations.
46.61.240 - Crossing at other than crosswalks.
46.61.245 - Drivers to exercise care.
46.61.250 - Pedestrians on roadways.
46.61.255 - Pedestrians soliciting rides or business.
46.61.260 - Driving through safety zone prohibited.
46.61.261 - Sidewalks, crosswalks—Pedestrians, bicycles, personal delivery devices.
46.61.264 - Pedestrians and personal delivery devices yield to emergency vehicles.
46.61.266 - Pedestrians under the influence of alcohol or drugs.
46.61.269 - Passing beyond bridge or grade crossing barrier prohibited.
46.61.275 - Reporting of certain speed zone violations—Subsequent law enforcement investigation.
46.61.290 - Required position and method of turning at intersections.
46.61.300 - Starting parked vehicle.
46.61.305 - When signals required—Improper use prohibited.
46.61.310 - Signals by hand and arm or signal lamps.
46.61.315 - Method of giving hand and arm signals.
46.61.340 - Approaching railroad grade crossings.
46.61.345 - All vehicles must stop at certain railroad grade crossings.
46.61.350 - Approaching railroad grade crossings—Specific vehicles—Exceptions—Definition.
46.61.355 - Moving heavy equipment at railroad grade crossings—Notice of intended crossing.
46.61.365 - Emerging from alley, driveway, or building.
46.61.371 - School bus stop sign violators—Identification by vehicle owner.
46.61.372 - School bus stop sign violators—Report by bus driver—Law enforcement investigation.
46.61.375 - Overtaking or meeting private carrier bus—Duties of bus driver.
46.61.380 - Rules for design, marking, and mode of operating school buses.
46.61.385 - School patrol—Appointment—Authority—Finance—Insurance.
46.61.400 - Basic rule and maximum limits.
46.61.405 - Decreases by secretary of transportation.
46.61.415 - When local authorities may establish or alter maximum limits.
46.61.419 - Private roads—Speed enforcement.
46.61.425 - Minimum speed regulation—Passing slow moving vehicle.
46.61.427 - Slow-moving vehicle to pull off roadway.
46.61.428 - Slow-moving vehicle driving on shoulders, when.
46.61.445 - Due care required.
46.61.455 - Vehicles with solid or hollow cushion tires.
46.61.460 - Special speed limitation on motor-driven cycle.
46.61.465 - Exceeding speed limit evidence of reckless driving.
46.61.500 - Reckless driving—Penalty.
46.61.502 - Driving under the influence.
46.61.503 - Driver under twenty-one consuming alcohol or cannabis—Penalties.
46.61.504 - Physical control of vehicle while under the influence.
46.61.5054 - Alcohol violators—Additional fee—Distribution.
46.61.5055 - Alcohol and drug violators—Penalty schedule.
46.61.5056 - Alcohol and drug violators—Information school—Evaluation and treatment.
46.61.5058 - Alcohol violators—Vehicle seizure and forfeiture.
46.61.508 - Liability of medical personnel withdrawing blood.
46.61.513 - Criminal history and driving record.
46.61.5151 - Sentences—Intermittent fulfillment—Restrictions.
46.61.5152 - Attendance at program focusing on victims.
46.61.516 - Qualified probation department defined.
46.61.517 - Refusal of tests—Admissibility as evidence.
46.61.519 - Alcoholic beverages—Drinking or open container in vehicle on highway—Exceptions.
46.61.5191 - Local ordinances not prohibited.
46.61.5195 - Disguising alcoholic beverage container.
46.61.520 - Vehicular homicide—Penalty.
46.61.522 - Vehicular assault—Penalty.
46.61.5249 - Negligent driving—First degree.
46.61.525 - Negligent driving—Second degree.
46.61.526 - Negligent driving—Second degree—Vulnerable user victim—Penalties—Definitions.
46.61.527 - Roadway construction zones.
46.61.530 - Racing of vehicles on highways—Reckless driving—Exception.
46.61.535 - Advertising of unlawful speed—Reckless driving.
46.61.540 - "Drugs," what included.
46.61.560 - Stopping, standing, or parking outside business or residence districts.
46.61.575 - Additional parking regulations—Motorcycle parking.
46.61.577 - Regulations governing parking facilities.
46.61.581 - Parking spaces for persons with disabilities—Indication, access—Failure, penalty.
46.61.582 - Free parking for persons with disabilities—Exceptions.
46.61.583 - Special plate or card issued by another jurisdiction.
46.61.585 - Winter recreational parking areas—Special permit required.
46.61.587 - Winter recreational parking areas—Penalty.
46.61.590 - Unattended motor vehicle—Removal from highway.
46.61.600 - Unattended motor vehicle.
46.61.605 - Limitations on backing.
46.61.606 - Driving on sidewalk prohibited—Exception.
46.61.608 - Operating motorcycles on roadways laned for traffic.
46.61.610 - Riding on motorcycles.
46.61.611 - Motorcycles—Maximum height for handlebars.
46.61.612 - Riding on motorcycles—Position of feet.
46.61.613 - Motorcycles—Temporary suspension of restrictions for parades or public demonstrations.
46.61.614 - Riding on motorcycles—Clinging to other vehicles.
46.61.615 - Obstructions to driver's view or driving mechanism.
46.61.620 - Opening and closing vehicle doors.
46.61.625 - Riding in trailers or towed vehicles.
46.61.630 - Coasting prohibited.
46.61.635 - Following fire apparatus prohibited.
46.61.640 - Crossing fire hose.
46.61.645 - Throwing materials on highway prohibited—Removal.
46.61.655 - Dropping load, other materials—Covering.
46.61.660 - Carrying persons or animals on outside part of vehicle.
46.61.665 - Embracing another while driving.
46.61.670 - Driving with wheels off roadway.
46.61.672 - Using a personal electronic device while driving.
46.61.673 - Dangerously distracted driving.
46.61.675 - Causing or permitting vehicle to be unlawfully operated.
46.61.680 - Lowering passenger vehicle below legal clearance—Penalty.
46.61.685 - Leaving children unattended in standing vehicle with motor running—Penalty.
46.61.6871 - Child passenger safety technician—Immunity.
46.61.688 - Safety belts, use required—Penalties—Exemptions.
46.61.6885 - Child restraints, seat belts—Educational campaign.
46.61.690 - Violations relating to toll facilities—Exception.
46.61.700 - Parent or guardian shall not authorize or permit violation by a child or ward.
46.61.705 - Off-road motorcycles.
46.61.708 - Motorcycles previously converted as snow bikes.
46.61.720 - Mopeds—Safety standards.
46.61.723 - Medium-speed electric vehicles.
46.61.725 - Neighborhood electric vehicles.
46.61.730 - Wheelchair conveyances.
46.61.733 - Personal delivery device.
46.61.735 - Ferry queues—Violations—Exemptions.
46.61.740 - Theft of motor vehicle fuel.
46.61.745 - Possessing or consuming cannabis in vehicle on highway—Penalty, exceptions—Definition.
46.61.750 - Effect of regulations—Penalty.
46.61.755 - Traffic laws apply to persons riding bicycles.
46.61.760 - Riding on bicycles.
46.61.765 - Clinging to vehicles.
46.61.770 - Riding on roadways and bicycle paths.
46.61.775 - Carrying articles.