RCW 90.56.550
Breath or blood analysis.
(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating a vessel while under the influence of intoxicating liquor or drugs, if the amount of alcohol in the person's blood or breath at the time alleged as shown by analysis of his blood or breath is less than 0.06 percent by weight of alcohol in his blood or 0.06 grams of alcohol per two hundred ten liters of the person's breath, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or drugs.
(2) The breath analysis shall be based upon grams of alcohol per two hundred ten liters of breath. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.
(3) Analysis of the person's blood or breath to be considered valid under this section shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist shall approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits that are subject to termination or revocation at the discretion of the state toxicologist.
(4) If a blood test is administered under this section, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens.
(5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(6) Upon the request of the person who submits to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or his or her attorney.
[ 1991 c 200 § 606. Formerly RCW 88.16.230.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
Structure Revised Code of Washington
Title 90 - Water Rights—Environment
Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.
90.56.020 - Director responsible for spill response.
90.56.030 - Powers and duties.
90.56.040 - Authority supplemental.
90.56.070 - Coordination with federal law.
90.56.080 - Hazardous substances incident response training and education program.
90.56.100 - Washington wildlife rescue coalition.
90.56.110 - Rehabilitation of wildlife—Rules.
90.56.210 - Contingency plans.
90.56.2101 - Contingency plans—Department to update rules.
90.56.220 - Facility operation standards.
90.56.230 - Operations manuals.
90.56.240 - Standards for spill management, cleanup, and containment services contractors.
90.56.250 - Index of prevention plans and contingency plans—Equipment inventory.
90.56.260 - Adequacy of contingency plans—Practice drills—Report.
90.56.270 - Enforcement of contingency plans.
90.56.280 - Duty to notify coast guard and division of emergency management of discharge.
90.56.300 - Unlawful operation of facility—Criminal penalties.
90.56.320 - Unlawful for oil to enter waters—Exceptions.
90.56.330 - Additional penalties.
90.56.340 - Duty to remove oil.
90.56.360 - Liability for expenses.
90.56.370 - Strict liability of owner or controller of oil—Damages—Exceptions.
90.56.380 - Liability of others for cleanup expenses.
90.56.390 - Liability for removal costs.
90.56.410 - Right of entry and access to records pertinent to investigations.
90.56.420 - Authorized discharges of oil—Permits.
90.56.500 - Oil spill response account.
90.56.510 - Oil spill prevention account.
90.56.530 - Reckless operation of a tank vessel—Penalty.
90.56.540 - Operation of a vessel while under influence of liquor or drugs—Penalty.
90.56.550 - Breath or blood analysis.
90.56.560 - Limited immunity for blood withdrawal.
90.56.569 - Updates to the senate and house of representatives.
90.56.570 - Periodic evaluation and update of planning standards for oil spill response equipment.
90.56.580 - Crude oil vapor pressure—Maximum—Penalty.
90.56.900 - Construction—Appeal not to stay order, rule, or regulation.