HomeMy WebLinkAbout3280 ORDINANCE NO. ~0
AN ORDINANCE adopting the provisions
of RCW 46.20.308 and RCW 46.61.506
providing for penalties for violation
thereof; and providing for and
declaring an EMERGENCY
THE CITY OF BREMERTON DOES ORDAIN:
Section 1. ADOPTION: That the provisions of RCW 46.20.308,
Laws of 1969, Chapter 1, Section 1, and RCW 46.61.506, Laws
of 1969, Chapter 1, Section 3, are hereby adopted by reference
as set forth in the text of said statutes and said provisions
are adopted as part of the traffic code of the City of Bremerton.
Three copies of said provisions are on file in the office of
the City Clerk of the City of Bremerton, City Hall, Bremerton,
Washington, and are available for public inspection.
Section 2. PENALTIES: Any person guilty of violation of
the provisions of Section 1 hereof shall be guilty of a
misdemeanor and be subject to a fine of not to exceed $300.00
or imprisonment in the City Jail not to exceed ninety days, or
both such fine and imprisonment.
Section 3. EMERGENCY: That an emergency exists and is
declared to exist affecting the public peace, health and
safety of the citizens of the City of Bremerton, and this
Ordinance shall take effect on 'A4)~il 2~d, , 1976.
PASSED unanimously by the City Council of the City of
Bremerton, signed by the Mayor and attested by the City Clerk
in authentication of such passage this3/~day of March,1976.
' GLENN K. JARST~-~ayor
ATTEST:
' RU , ,S Or Ta - OAD 46.61.506
~toxfcating liquol', tile amount o£ alcohol in the defendant's blood at the
zlme alleged as shown by chemical analysis of the defendant's blood,
urine, breath, or other bodily substance shall give rise to the following
presumptions:
"fa) I/there was at that time 0.05 percent or less by weight of alcohol
in the defendant's blood, it shall be presumed that the defendant was
not under the influence of intoxicating liquor;
"lb) If there was at that time in excess of 0.05 percent but less than
0.15 percent by weight of alcohol in the defendant's blood, such fact shall
not give rise to any presumption that the defendant was or was not
under the influence of intoxicating liquor, but such fact may be eon-
~ldered with other competent evidence in determining the guilt or inno-..
cence of the defendant;
"to) If there was at that time 0.15 percent or more by weight of aleo-
i~ol in the defendant's blood, it shall be presumed that the defendant wa~
under the influence of intoxicating liquor,
"(3) The £oregoing provisions of this section shall not be construed
~s limiting the introduction of any other competent evidence bearing
upon the question whether or not the de£endant was under the influence
oi intoxicating liquor. Nothing herein contained shall be construed as
requiring any person to submit to a chemical analysis ot his blood, and
ihe refusal to submit to such an analysis shall not be admissible in evi-
dence in any' criminal prosecution tot a violation of the provisions of
tills section or in any civil action.
"(4) Evidence of the chemical analysis or scientific breath test of any
kind o~ such person's blood shall notbe admissible unless' such person
shall have been advised by the person giving the test betore giving the
iest that such person has the constitutional right not to submit to such
test. Evidence taken in violation of this chapter shall not be admitted in
evidence in any criminal or civil proceeding," Ba~ed on: (a) Laws 1961 ch 12 4 46.56.010 p 379.
(b) Laws 1937 ch 189 4 119 p 576, as amended by Laws 1949 ch 196 4 4
p 576, Laws 1955 Ch 393 4 3 p 1700.
(c) Laws 1927 ch 309 4 51 p 811.
2. Repealed by Laws 1969 ch 1 § 5 (Initiative Measure No. 242 4 5),
effective December 5, 1968.
Later enactment, see RCVg 46.61,506.
See RRS 44 6360-119, 6362-51 and former. RCW 46.56.010.
46.61.506 Persons under influence of intoxicating liquor~
Presumptions---Evidence--Chemical tests~Information concern-
ing tests. (1) It is unlawful for any person who is under the in-
fluence of or affected by the use of intoxicating liquor or of any
narcotic dx'ug to drive or be in actual physical control of a vehi-
cle within this state.
(2) Upon the trial of any civil or criminal action or proceed-
lng arising out of acts alleged to have been committed by any
person while driving or in actual physical control of a vehicle
while under the influence of intoxicating liquor, the amount of
alcohol in the person's blood at the time alleged as shown by
345
c,(~m~al a~ml~vis of his blood, brea~, or other bodily substance
shall give rise to the following presumptions:
(a') If there was at that time 0.05 per cent or less by weight
of alcohol in the person's blood, it shall be presumed that he was
not under the influence of intoxicating liquor.
(b) If there was at that time in excess of 0.05 per cent but
less than 0.10 pe~' cent by ~veight of alcohol in the person's
blood, such fact shall not give rise to any presumption that the'
person was or was not under the influence of intoxicating liquor,
but such fact may be considered with other competent evidence
in dete~nining whether the person was under the influence of
intoxicating liquor.
(c) If there was at tha~ time 0.10 per cent or more by weight
of alcohol in the person's blood, it shall be presumed that he was
under the influence of intoxicating liquor.
(d) Per cent by weight of alcohol in the bloOd shall be based
upon milligrams of alcohol per one hundred cubic centimeters of
blood.
(e) The foregoing provisions of this section shall not be con-
strued as limiting the introduction of any other competent evi-
dence bearing upon the question whether the person was under
· the influence of intoxicating liquor.
(3) Chemical analysis of the person's blood or breath to be
considered valid under the 'provisions of this section shall have
been performed according to methods approved by the state tox-
icologist and by an individual possessing a valid permit issued by
the state toxicologist for this purpose. The state toxicologist is
directed to approve satisfactory techniques or methods, to super-
vise the examination of individuals to ascertain their qualifica-
tions and competence to conduct such analyses, and to issue per-
mits which shall be subject to termination of revocation at the
discretion of the state toxicologist.
(4) When a blood test is administered Under the provisions of
RCW 46.20.308, the withdrawal of blood for the purpose of deter-
mining its alcoholic content may be fperforrned only by a physi-
cian, a registered nurse, or a qualified technician. This limita-
tion 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 own choosing administer a chemical test or tests in addi-
tion to any administered at the direction of a law enforcement
officer. The failure or inability to obtain an additiOnal test by a
346 · ·
RULI~S OF T~[I~'gOAD 46.61.506
person shall not preclude the admission of evidence relating to
the test or tests taken at the direction of a law enforcement of-
ricer.
(6) Upon the request of the person who shall submit to a
chemical test or tests at the request of a law enforcement officer,
full infolxnation concerning the test or tests shall be made avail-
-able to him or his attorney.
SeVerability: See RCI~ 46.20.911.
LEGISLATIVE HISTORY
Added by Laws 1969 ch I § 3 (Initiative Measure No. 242 § 3), effec.
tire December 5, 1968. Based on:
(a) Laws 1st Ex Sess 1965 ch 155 § 60 p 2311.
(b) Laws 1961 ch 12 § 46.56.010 p 379.
(c) Laws 1937 ch 189 § 119 p 576, as amended by Laws, 1949 ch 196 § 4
p 576, Laws 1955 ch 393 § 3 p 1700.
(d) Laws 1927 ch 309 § 51 p 811.
See RRS § 6360-119, 6362-51 and former RCVg 4.6.56:010, 46.61.505.
COLLATERAL REFERENCES
Am Jur 2d Automobiles and Highway Traffic § § 253 et seq., 316, 330-
334, 938.
CJS Criminal~ Law §§ 579, 645, 651, 652, Evidence §§ 187, 278, 315, 586
et seq.
Forms:
3 Am Jut P1 & Pr Forms (Rev ed), Automobiles and Highway Traffic,
''Forms 391, 413 et seq. (guest's complaints of driving while intoxicated
.as negligence), Forms 777, 778 (allegations of driving while intoxicated
· .as negligence), Forms 1353, 1354 (answer alleging guest's contributory
negligence in drunkenness of driver), Form 1612 (instruction. defining'
,df.tying while intoxicated under statute), Forms 1711 et seq. (instructions
~)n driving while intoxicated).
Modern Legal Forms:
§ 593 (affidavit for search warrant).
§ 713.5 (consent authorizing search of residence).
l~roof of Facts:
2 Am Jur Proof of Facts, Blood Tests, Proof No. 2 (proof of concentra-
' tion of alcohol in blood).
6 Am Jut Proof of Facts, intoxication, Proof Nos. 1-3 (proof of intox-
ication).
16 Am Jut Proof of Facts, Alcoholism, p 630 (cross-examination to dis-
credit drunkometer test of alcoholic),
.Law Review Articles: '
41 Wn LR 547 (admissibility of blood sample evidence in civil case).
Annotations:
42 ALR 1498, 49 ALR 1392, 68 ALR 1356, 142 ALR 555 (driving automo-
~)ile while intoxicated as substantive offense).
~6 ALR 327 (statute relating to civil liability of person driving auto).
347
-. OPERATORS' LICENSES 46.20.308'
Annotations:
5 ALR3d 690 (regulations establishing "point system" as regards sus-
pension or revocation ol license of motor vehicle).
]icy Number Digests: ~ Automobiles ~=~144.1 (1).
46.20.308 Implied consent--Revocation, ete~ for refusal to
submit to chemical tests to determine alcoholic content of blood.
(1) Any person who operates a motor vehicle upon the public
highways of this state shall be deemed to have given consent,
subject to the provisions of RCW 46.61.506, to a chemical test or
tests of his breath or blood for the purpose of determining the
alcoholic content of his blood if arrested for any offense where,
at the time of the arrest, the arresting officer has reasonable
grounds to believe me person had been driving or was in actual
physical control of a motor vehicle while under the influence of
intoxicating liquor. The test or tests shall be administered at!'
the direction of a law enforcement officer having reasonable~
grounds to believe the person to have been driving or in actual,t
physical control of a motor vehicle upon the public highways of~
this state while under the influence of intoxicating liquor. Such"
officer shall inform the person of his right to refuse the test,
~a?d. 0f _~i~.right to ha. ye additional tests administered, by.any
qualified person of his choosing as provided in 'RCW 46.61.506.
The officer shah warn the driver that his privilege to drive will
be revoked or denied if he refuses to submit to the test. Unless
the person to be tested is unconscious, the chemical test adminis-
tered shall be of his breath only.
(2) Any person who is dead, unconscious or who is otherwise
in a condition rendering him incapable of refusal, shall be
deemed not to have withdrawn the consent provided by subsec-
tion (1) of this section and the test or tests may be adminis-'
tered, subject to the provisions of RCW 46.61.506.
(3) If, following his arrest, the person arrested refuses upon
the request of a law enforcement officer to submit to a chemical
test of his breath, after being informed that his refusal will re-
sult in the revocation or denial of his privilege to drive, no test
shall be given. The department of motor vehicles, upon the re-
ceipt of a sworn report of the law enforcement officer that he
had reasonable grounds to believe the arrested person had been
driving or was in actual physical control of a motor vehicle upon
the public highways of this state while under the influence of in-
toxicating liquor and that the person had refused to submit to'
297
the test upon the request of the ]aw enforcement officer after
-be~.ng informed that such refusal would result in the revocation
or denial of his privilege to drive, shall revoke his license or per-
mit to drive or any nonresident operating privilege. If the per-
son is a resident without a license or.permit to operate a motor
vehicle in this state, the department shall deny to the person the
issuance of a license or permit for a period of six months after
'the date of the alleged violation, subject to review as hereinafter
provided.
(4) Upon revoking the license or permit to drive or the non-
resident operating privilege of any person, or upon determining
. that the issuance of a license or permit shall be denied to the
person, as hereinbefore in this section directed, the department
· shall imrnediate]y notify the person involved in writing by per-
sonal service or by registered or certified mail of its decision
and the grounds therefor, and of his right to a hearing, specify-
ing the steps he must take to obtain a hearing. The person
upon receiving such notice may, in writing and within ten days
therefrom request a formal hearing. Upon receipt of such re-
quest, the department shall afford him an opportunity for a
hearing as provided in RCW 46.20.329 and RCW 46.20.332. The
scope of such hearing for the purposes of this section shall cover
the issues of whether.a law enforcement officer had reasonable
grounds to believe the person had been driving or was in actual
physical control of a motor vehicle upon the public highways of
this state while under the influence of intoxicating liquor,
whether the person was placed under arrest and whether
refused to submit to the test upon request of the officer after
having been informed that such refusal would result in the revo-
cation or denial of his privilege to drive. The department shall
order that the revocation or determination that there should be
a denial of issuance either be rescinded or sustained. Any deci-
sion by the department revoking a person's driving privileg?
shall be stayed and shall not take effect while a formal hearing
· 'is pending as herein provided or during the pendency of a subse-
quent appeal to superior court: Pro~ided, That this stay shall be
effective only so long as there is no conviction for a moving viola-
tion during pendency of the hearing and appeal.
(5) If the revocation or determination that there should be a
denial of issuance is sustained after such a hearing, the person
.whose license, privilege or permit is so affected shall have the
right to file a petition in the superior court of the county where-
in he resides, or, if a nonresident of this 'state, where the charge
298
OPERATORS' LICENSES 46.20.311
arose, to review the final order of revocation or denial by the
department in the manner provided in RCW 46..20.334.
· (6) When it has been finally determined under the procedures
of this section that a nonresident's privilege to operate a motor
vehicle in this state has been revoked, the department shall give
information in wri.ting of the action taken to the motor vehicle
administrator of tl~e state of the person's residence and of any,
slate in which he has a license.
LEGISLATIVE HISTORY
Enacted Laws 1969 ch I § I (Initiative Measure No. 242 § 1), effective
December 5, 1968.
REVISER'S NOTE
Chapter. I, Laws of 1969, codified herein as RCV~ 46.20.092, 46.20.308,
,16.20.311, 46.20,911 and 46.61.506, was initiative measure No. 242 which
was adopted by the people November 5, 1968. Governor's proclamation
declaring approval of measure is dated December 5, 1968. State Consti-
lulion Art 2 § ltd) provides;" . Such measure [initiatives and refo
erenduras] shall be in operation on and after the thirtieth day after the
election at which it is approved..."
46.20.311 Duration of suspension or revocation--Condi~'
tlons for reissuance or renewal. (1) The department shall not sus-
pend a driver's license or privilege to drive a motor vehicle on
Ihe public highways for a fixed period of more than one year,
except as permitted under RCW 46.20.342. Whenever the li-
cense of any person is suspended by reason of a conviction or
pursuant to RCW 46.20.291, such suspension shall remain in el-
fcct and the department shall not issue to such person any new
or rer~ewal of license until such person shall give and thereafter
maintain proof of financial responsibility for the future as pro-
vided in chapter 46.29 RCW.
(2) Any person whose license or privilege to drive a motor
vehicle on the public highways has been revoked shall not be en-
titled to have such license or privilege renewed or restored un-
less the revocation was for a cause .which has been removed, ex-
cept that after the expiration of six months in cases of revoca-,
tion for refusal to submit to a chemical test under the provisions
of RCW 46.20.308, and in ali other revocation cases after the ex-
piration of one year from the date on which the revoked license
was surrendered to and received by the department, such person.
may make application for a new license.as provided by law, but
the department shall not then issue anew license unless it is sat.
299
OPERATORS' LICENSES 46.20.308'
Annotations:
5 ALR3d 690 (regulations establishing "point system" as regards
pension or revocation of license of motor vehicle).
]Icy Number Digests;
Automobiles ~=144.1 (1).
46.20.308 Implied consent--Eevocation, etc. for refusal to
submit to chemical tests to determine alcoholic content of blood.
(1) Any person 'who operates a motor vehicle upon the public
highways of this state shall be deemed to have given consent,
subject to the provisions of RCW 46.61.506, to a chemical test or
tests of his breath or blood for the purpose of determining the
alcoholic content of his blood if arrested for any offense where,
at the time of the arrest, the arresting officer has reasonable
grounds to believe hhe person had been driving or was in actual
physical control of a motor vehicle while under the influence of
intoxicating liquor, The test or tests shall be administered ati
the direction of a law enforcement officer having reasonable~
grounds to believe the person to have been driving or in actual.1
physical control of a motor vehicle upon the public highways
this state while under the influence of intoxicating liquor. Such'
officer shall inform the person'of his right to refuse the test,
and of his right to have additional tests administered by_any
'q-u~iifie~'- ~"~rson °f'hi's"ch°°sing as provided in RCW 46.61,506.
The officer shall warn the driver that his privilege to drive will
be revoked or denied if he refuses to submit to the test. Unless
the person to be tested is unconscious, the chemical test adminis,
tered shall be of his breath only.
(2) Any person who is dead, unconscious or who is otherwise
in a condition rendering him incaPable of refusal, shall be
deemed not to have withdrawn the consent provided by subsec-'
tion (1) of this section and the test or tests may be adminis-
tered, subject to the provisions of RCW 46.61.506.
(3) If, following his arrest, the person arrested refuses upon
the request of a law enforcement officer to submit to a chemical'
test of his breath, after being informed that his refusal will re-
sult in the revocation or denial of his privilege to drive, no test
shall be given. The department of motor vehicles, upon the re-
ceipt of a sworn report of the law enforcement officer that he
had reasonable grounds to believe the arrested person had been
driving or was in actual physical control of a motor vehicle upon
the public highways of this state while under the influence of in-
toxicatin~ liquor and that the person had refused to submit to
297
- ' ~i~.AO.~t~ MOTOR ~'IHCLES
the test upon the request of the law enforcement officer after.
being informed that such refusal would result in the revocation
or denial of his privilege to drive, shall revoke his license or per-
mit to drive or any nonresident operating privilege. If the per.
son is a resident without a license or.permit to operate a motor
vehicle in this state, the department shall deny to the person the
issuance of a license or permit for a period of six months after
'the date of the alleged violation, subject to review as hereinafter
provided.
(4) Upon revoking the license or permit to drive or the non-
resident operating privilege of any person, or upon determining
that the issuance of a license or permit shall be denied to the
person, as hereinbefore in this section directed, the department
.shall immediately notify the person involved in writing by per-
sonal service or by registered or certified mail of its decision
and the grounds therefor, and of his right to a hearing, specify.
lng the steps he must take to obtain a hearing. The person
upon receiving such notice may, in writing and within ten days
therefrom request a formal hearing. Upon receipt of such re-
quest, the department shall afford him an opportunity for a
hearing as provided in RCW 46.20.329 and RCW 46.20.332. The
scope of such hearing for the purposes of this section shall cover
the issues of whether.a law enforcement officer had reasonable
grounds to believe the person had been driving or was in actual
physical control of a motor vehicle upon the public highways of
this state while under the influence of intoxicating liquor,
whether the person was placed under arrest and whether he
refused to submit to the test upon request of the officer after
having been informed that such refusal would result in the revo-
cation or denial of his privilege to drive. The department shall
order that the revocation or determination that there should ~c
a denial of issuance either be rescinded or sustained..&ny deci-
sion by the department revoking a person's driving privilege
shall be stayed and shah not take effect while a formal hearing
· 'is pending as herein provided or during the pendency of a subse-
quent appeal to superior court: Provided, That this stay .shall be
effective only so long as there is no conviction for a moving viola-
tion during pendency of the hearing and appeal.
(5) If the revocation or determination that there should be a
denial of issuance is sustained after ~uch a hearing, the person
,whose license, privilege or permit is so affected shall have the
right to file a petition in the superior court of the county where-
in he resides, or, if a nonresident of this State, where the charge
298
OPERATORS' LICENSES 46.20.311
arose, to review the final order of revocation or denial by the
department in the manner provided in RCW 46...20.334.
(6) When it has been finally determined under the procedures
of this section lhat a nonresident's privilege to operate a motor
vehicle 'in this state has been revoked, the department shall give
information in writing of the action taken to the motor vehicle
administrator of the state of the person's residence and of any
state in which he has a license.
LEGISLATIVE HISTORY
Enacted Laws 1969 ch 1 § 1 (Initiative Measure No. 242 § 1), effective
December 5, 1968.
REVISEWS NOTE
Chapter 1, Laws of 1969, codified herein as RCW 46.20.092, 46.20.308,
,16~0.311, 46.20.911 and 46.61.506, was initiative measure No. 242 which
was adopted by the people November 5, 1968. Governor's proclamation
declaring approval of measure ~s dated December 5, 1968. State Consti-
tution Art 9. § l(d) provides; ".. . Such measure [initiatives and
erendurns] shall be in operation on and after the thirtieth day after the
election at which it is approved..."
46.20.3.11 Duration of suspension or revocation--Condi-
tions for reissuance or renewal. (1) The department shall not sus-
pend a driver's license or privilege to drive a motor vehicle on
the public highways for a fixed period of more than one year,
except as permitted under RCW 46.20.342. Whenever the li-
cense of any person is suspended by reason of a conviction or
pursuant to RCW 46.20.291, such suspension shall remain in ef-
fect and the department shall not issue to such person any new
or renewal of license until such person shall give and thereafter
~aintain proof of financial responsibility for the future as pro-
vided in chapter 46.29 RCW.
(2) Any person whose license or privilege to drive a motor
vehicle on the public highways has been revoked shall not be en-
lifted to have such license or privilege renewed or restored un-
less the revocation was for a cause-which has been removed, ex-
cept that after the expiration of six months in cases of revoca-,
tion for refusal to submit to a chemical test under the provisions
of RCW 46.20.308, and in all other revocation cases after the ex-
piration of one year from the date on which the revoked license
was surrendered to and received by the department, such person
may make application, for a new license .as provided by law~ but
the department shall not then issue anew license unless it is sat.
299
OPERATORS' LICENSES 46.20.308'
Annotations:
5 ALR3d 690 (regulations establishing "point system" as regards sum.
pension or revocation of license of motor vehicle).
Key l~umber Digests:
Automobiles ~='144.1(1).
46.20.308 Implied consent--Revocation, etc. for refusal to
submit to chemical tests to determine alcoholic content of blood.
(1) Any person who operates a motor vehicle upon the public
highways of this state shall be deemed to have given consent,
subject to the provisions of RCW 46.61.506, to a chemical test or
tests of his breath or blood for the purpose of determining the
alcoholic content of his blood if arrested for any offense where,
at the time of the arrest, the arresting officer has reasonable
grounds to believe the person had been driving or was in actual
physical control of a motor vehicle while under the influence of
intoxicating liquor. The test or tests .shall be administered at,
the direction of a law enforcement officer having reasonable~
grounds to believe the person to have been driving or in actual 1
physical control of a motor vehicle upon the public highways of
this state while under the influence of intoxicating liquor. Such"
officer shah inform the person of his right to refuse the test,
.a_nd_.of.~i.~.right to ha. ye additional tests administered by_any
qualified person of his choosing as provided in RCW 46.61.506.
The officer shah warn the driver that his privilege to drive will
be revoked or denied if he refuses to submit to the test. Unless
the person to be tested is unconscious, the chemical test adminiso
tered shall be of his breath only.
(2) Any person who is dead, unconscious or who is otherwise
in a condition rendering him incapable of refusal, shall be
deemed not to have withdrawn the consent provided by subset-'
tion (1) of this section and the test or tests may be adminis-
tered, subject to the provisions of RCW 46.61.506.
(3) If, following his arrest, the person arrested refuses upon
the request of a law enforcement officer to submit to a chemical'
test of his breath, after being informed that his refusal will re-
sult in the revocation or denial of his privilege to drive, no test
shall be given. The department of motor vehicles, upon the re-
ceipt of a sworn report of the law enforcement officer that he
had reasonable grounds to believe the arrested person had been
driving or was in actual physical control of a motor vehicle upon
the public highways of this state while under the influence of in.
toxicating liquor and that the person had refused to submi't to
297
- :~J,~.x/..~ MOTOR ,ItlCLES [~t --~
the test upon the request of the law enforcement officer after
being informed that such refusal would result in the revocation
or denial of his privilege to drive, shall revoke his license or per-
mit to drive or any nonresident operating privilege. If the per-
son is a resident without a license or permit to operate a motor
vehicle in this state, the department shall deny to the person the
issuance of a license or permit for a period of six months after
'the date of the alleged violation, subject to review as hereinafter
provided.
(4) Upon revoking the license or permit to drive or the non.
resident operating privilege of any person, or upon determining
that the issuance of a license or permit shall be denied to the '
person, as hereinbefore in this section directed, the department
.shall immediately notify the person involved in writing by per-
sonal service or by registered or certified mail of its decision
and the grounds therefor, and of his right to a hearing, specify-
ing thd steps he must take to obtain a hearing. The person
upon receiving such notice may, in writing and within ten days
therefrom request a formal hearing. Upon receipt of such re.
quest, the department shall afford him an opportunity for a
hearing as provided in RCW 46.20.329 and RCW 46.20.332. Tile
scope of such hearing for the purposes of this section shall cover
the issues of whether.a law enforcement officer had reasonable
grounds to believe the person had been driving or was in actual
physical control of a motor vehicle upon the public highways of
this state while under the influence of intoxicating liquor,
whether the person was placed under arrest and whether lie
refused to submit to the test upon request of the officer after
having been informed that such refusal would result in the revo-
cation or denial of his privilege to drive. The department shall
order that the revocation or determination that there should kc
a denial of issuance either be rescinded or sustained. Any deci-
sion by the department revoking a person's driving privilege
shall be stayed and shall not take effect while a formal hearing
'is pending as herein provided or during the pendency of a subse-
qUent appeal to superior court: Provided, That this stay shall b~
effective only so long as there is no conviction for a moving viola-
tion during pendency of the hearing and appeal.
(5) If the revocation or determination that there should be a
denial of issuance is sustained after such a hearing, the person
.whose license, privilege or permit is so affected shall have the
right to file a petition in the superior court of the county where-
in he resides, or, if a nonresident of this 'state, where the charge
298
OPERATORS' LICENSES 46.20.311
arose, to review the final order of revocation or denial by the
department in the manner provided in RCW 46..20.3.34.
(6) When it has been finally determined under the procedures
of this section that a nonresident's privilege to operate a motor
whiele'in this state has been revoked, the department shall give
information in wri,ting of the action taken to the motor vehicle
administrator of the state of the person's residence and of any
state in which he has a license.
LEGISLATIVE HISTORY
Enacted Laws 1969 ch 1 § ! (Initiative Measure No. 242 § 1), effective
December 5, 1968,
REVISER'S NOTE
Chapter 1, Laws of 1969, codified herein as RCW 46.20.092, 46.20.308,
4620.3~.1, 46.20.911. and 46.61.506, was initiative measure No. 242 which ..
was adopted by the people November 5, 1968. Governor's proclamation
declaring approval of measure is dated December 5, 1968. State Consti-
tution Art 2 § l(d) provides; "... Such measure [initiatives and ret.
ercndums] shall be in operation on and alter the thirtieth day a~ter the
election at which it is approved..."
46.20.311 Duration of suspension or revocation--Oondi-'
tions for reissuance or renewal. (1) The department shall not sus-
pend a driver's license or privilege to drive a motor vehicle on
the public highways for a fixed period of more than one year,
except as permitted under RCW 46.20.342. Whenever the li-
cense of any person is suspended by reason of a conviction or
pursuant to RCW 46.20.291, such suspension shall remain in el-
feet and the department shall not issue to such person any new
or rer~ewal of license until such person shall give and thereafter
~aintain proof of financial responsibility for the future as pro-
vided in chapter 46.29 RCW.
(2) Any person whose license or privilege to drive a motor
vehicle on the public highways has been revoked shall not be en-
titled to have such license or privilege renewed or restored un-
less the revocation was for a cause which has been removed, ex-
cept that after the expiration of six months in cases of revoca-.
tion for refusal to submit to a chemical test under the provisions
of RCW 46.20.308, and in all other revocation cases after the ex-
piration o£ one year from the date on which the revoked license
was surrendered to and received by the department, such person
may make application for a new license .as provided by law, but
the department shall not then issue a new license unle~ it is sat-
299
OPERATORS' LICENSES 46.20.308
Annotations:
5 ALR3d 690 (regulations establishing "point system" as regards sus-
pension or revocation of license of motor vehicle).
Key Number Digests:
Automobiles ~:~144.1
46.20.308 Implied consent--Revocation, ete~ for refusM
submit to chemical tests to determine alcoholic content of blood.
(1) Any person who operates a motor vehicle upon the public
highways of this state shall be deemed 'to have given consent,
subject to the provisions of RCW 46.6:[.506, to a chemical test or
tests of his breath or blood for the purpose of determining the
alcoholic content of his blood if arrested for any offense where,
at the time of the arrest, the arresting officer has reasonable
grounds to believe the person had been driving or was in actual
physical control of a motor vehicle ~vhile under the .influence of
intoxicating liquor. The test or tests shall be administered at~
the direction of a law enforcement officer having reasonable
grounds to believe the person to have been driving or in actual:~
physical control of a motor vehicle upon t~he public highways of
this state while under the influence of intoxicating liquor. Such
officer shall inform the person of his right to refuse the test,
and of his right to have additional tests administered by_~ny
'~uaiifie~l-~rson of-his'choosing as provided in RCW 46.61.506.
The officer shall warn the driver that his privilege to drive will
be revoked or denied if he refuses to submit to the test. Unless
the person to be tested is unconscious, the chemical test adminis,
tered shall be of his breath only.
(2) Any person who is dead, unconscious or who is otherwise
in a condition rendering him incapable of refusal, shall be
deemed not to have withdrawn the consent provided by subsec-'
tion (1) of this section and the test or tests may be adminis-
tered, subject to the provisions of RCW 46.61.506.
(3) If, following his arrest, the person arrested refuses upon
the request of a law enforcement officer to submit to a chemical
test of his breath, after being informed that his refusal will re-
sult in the revocation or denial of his privilege to drive, no test
shall be given. The department of motor vehicles, upon the re-
ceipt of a sworn report of the law enforcement officer that he
had reasonable grounds to believe the arrested person had been
driving or wa~ in actual physical control of a motor vehicle upon
the pub!lc highways of this state while under the influence of in-
toxicating liquor and that the person had refused to submit to
297
the test upon the request of the law enforcement officer after.
being informed that such refusal would result in the revocation
or denial of his privilege to drive, shall revoke his license or per-
mit to drive or any nonresident operating privilege. If the per-
son is a resident without~a license or.permit to operate a motor
vehicle in this state, the department shall deny to the person the
issuance of a license or permit for a period of six months after
'the date of the alleged violation, subject to review as hereinafter
provided.
(4) Upon revoking the license or permit to drive or the non-
resident operating privilege of any person, or upon' determining
. that the issuance of a license or permit shall be denied to the
person, as hereinbefore in this section directed, the department
,shall immediately notify the person involved in writing by per-
'sonaJ service or by registered or certified mail of its decision
and the grounds therefor, and of his right to a hearing, specify.
lng the steps he must take to obtain a hearing. The person
upon receiving such notice may, in writing and within ten days
therefrom request a formal hearing. Upon receipt of such re.
quest, the department shall afford him an opportunity for a
hearing as provided in RCW 46.20.329 and RCW 46.20.332. The
scope of such hearing for the purposes of this section shall cover
the issues of whether.a law enforcement officer had reasonable
grounds to believe the person had been driving or was in actual
physical control of a motor vehicle upon the public highways of
this state while under the influence of intoxicating liquor,
whether the person was placed under arrest and whether he
refused to submit to the test upon request of the officer after
having been informed that such refusal would result in the revo-
cation or denial of his privilege to drive. The department shall
order that the revocation or determination that there should be
a denial of issuance either be rescinded or sustained. Any deci-
sion by the department revoking a person's driving privileg, e
shall be stayed and shall not take effect while a formal hearing
'is pending as herein provided or during the pendency of a subse-
quent appeal to superior court: Provided, That this stay shall be
effective only so long as there is no conviction for a moving viola-
tion during pendency of the hearing and appeal.'
(5) If the revocation or determination that there should be a
denial of issuance is sustained after such a hearing, the person
,whose license, privilege or permit is so affected shall have the
right to file a petition in the superior coUrt of the coun(y where-
in he resides, or, if a nonresident of this' 'state, where the charge
298
OP ,nATORS' 46.20.311
arose, to review the final order of revocation or denial by the
department in the manner provided in RCW 46..20.3..34.
(6) When it has been finally determined under the procedures
of this section that a nonresident's privilege to operate a motor
vehicle 'in this state has been revoked, the department shall give
information in wri,ting of the action taken to the motor vehicle
administrator of the state of the person's residence and of any.
state in which he has a license.
LEGISLATIVE HISTORY
~nacted Laws 1969 ch 1 § 1 (Initiative Measure No. 242 § 1), effective
.December 5, 1968.
REVISER'S NOTE
Chapter. 1, Laws of 1969, codified herein as RCW 46.20.092, 46.20.308,
46,70.311, 46.20.911 and 46.61.506, was initiative measure No. 242 which
was adopted by the people November 5, 1968. Governor's proclamation
declaring approval of measure is dated December 5, 1968. State Consti-
tution Art 2 § l(d) provides; "... Such measure [initiatives and ref,
erendums] shall be in operation on and after the thirtieth day after the
election at which it is approved..."
46.20.311 Duration of suspension or revoeation--Condi-'
tions for reissuance or renewal. (1) The department shall not sus-
pend a driver's license or privilege to drive a motor vehicle on
the public highways for a fixed period of more than one year,
except as permitted under RCW 46.20.342. Whenever the li-
cense of any person is suspended by reason of a conviction or
pursuant to RCW 46.20.291, such suspension shall remain in ef-
fect and the department shall not issue to such person any new
or ret{ewaI of license until such person shall give and thereafter
n~aintain proof of financial responsibility for the future as pro-
vided in chapter 46.29 RCW.
(2) Any person whose license or privilege to drive a motor
vehicle on the public highways has been revoked shall not be en-
titled to have such license or privilege renewed or restored un-
less the revocation was for a cause .which has been removed, ex-
cept that after the expiration of six months in cases of revoca-,
tion for refusal to submit to a chemical test under the provisions
of RCW 46.20.308, and in all other revocation cases after the ex-
piration of one year from the date on which the revoked license
~vas surrendered to and received by the department, such person·
may make application for a new license.as provided by l~w, but
the department shall not then issue a new license unless it is sat-
299
RULES OF TtIE ROAD 46.61.506
wxlc~ting liquor, the amount of alcohol in the defendant's blood at the
time alleged as shown by chemical analysis of the defendant's blood,
urine, breath, or other bodily substance shall give rise to the following
presumptions:
"(a) If there was at that time 0.05 percent or less by weight of alcohol
in the defendant's blood, it shall be presumed that the defendant was
not under the influence of intoxicating liquor;
"(b) If there was at that time in excess of 0.05 percent but less than
0.15 percent by weight of alcohol in the defendant's blood, such fact shall
not give rise to any presumption that the defendant was or was not
under the influence of intoxicating liquor, but such fact may be con-
~ldered with other competent evidence in determining the guilt or inno.
cence of the defendant;
"(c) If there was at that time 0.15 percent or more by weight of alco.
hol in the defendant's blood, it shall be presumed that the defendant wa.s
under the influence of intoxicating liquor.
"(3) The foregoing provisions of this section shall not be construed
as limiting the introduction of any other competent evidence bearing
upon the question whether or not the defendant was under the influence
of intoxicating liquor. Nothing herein contained shall be construed as
requiring any person to submit to a chemical analysis of his blood, and
the refusal to submit to such an analysis shall not be admissible in evi-
dence in any' criminal prosecution for a violation of the provisions of
this section or in any civil action.
"(4) Evidence of the chemical analysis or scientific breath test of any
kind of such person's blood shall not be admlssible unless such person
shall have been advised by the person giving the test before giving the
test that such person has the constitutional right not to submit to such
test. Evidence taken in violation of this chapter shall not be admitted in
evidence in any criminal or civil proceeding." Based on:. (a) Laws 1961 ch 12 § 46.56.010 p 379.
(b) Laws 1937 ch 189 § 119 p 576, as amended by Laws 1949 ch 1~6 § 4
p 576, Laws 1955 'ch 393 § 3 p 1700. (c) Laws 1927 ch 309 § 51 p 811.
2. Repealed by Laws 1969 ch 1 § 5 (Initiative Measure No. 242 §
effective December 5, 1968.
Later enactment, see RCW 46.61.506.
See RRS §9 6360-119, 6362-51 and Iormer. RCW 46.56.010.
46.61.506 Persons under influence of intoxicating liquor~
Presumptions---Evldence--Ghemical tests--Information concern-
lng tests. (1) It is unlawful for any person who is under the in-
fluence of or affected by the use of intoxicating liquor 'or of any
narcotic drug to drive or be in actual physical control of a vehi-
cle within this state.
(2) Upon the trial of any civil or criminal action or proceed-
lng arising out of acts alleged to have been committed by any
person while driving or in actual physical control of a vehicle
while under the influence of intoxicating liquor, the amount of
alcohol in the person's blood at the time alleged as shown by
, ,.,cmrcai analys~s of his blood, brea~_ or other bodily substance
shat; give rise to the following presumptions:
(a) If there was at that time 0.05 per cent or less by weight
of alcohol in the person's blood, it shall be presumed that he was
not under the influence of intoxicating liquor.
(b) If there was at that time in excess of 0.05 per cent but
less than 0.10 per cent by weight of alcohol in the person's
'blood, such fact shall not give rise to any presumption that th~
person was or was not under the influence of intoxicating liquor,
but such fact may be considered with other competent evidence
in determining whether the person was under the influence of
intoxicating liquor..
(c) If there was at thai time 0.10 per cent or more by weight
of alcohol in the person's blood, it shall be presumed that he was
under the influence of intoxicating liquor,
(d) Per cent by weight of alcohol 'in the blood shall be based
upon milligrams of alcohol per one hundred cubic centimeters of
blood.
(e) The foregoing provisions of this section shall not be con-
strued as limiting the introduction of any other competent evi-
dence bearing upon the question whether the person was under
. the influence of intoxicating liquor.
(3) Chemical analysis of the person's blood or breath to be
considered valid under the 'provisions of this section shall have
been performed according to methods approved by the state tox-
icologist and by an individual possessing a valid permit issued by
the state toxicologist for this purpose. The state toxicologist is
directed to approve satisfactory techniques or methods, to super-
vise the examination of individuals to ascertain their qualifica-
tions and competence to conduct such analyses, and to issue per-
mits which shall be subject to termination of revocation at the
discretion of the state toxicologist.
(4) When a blood test is administered under the provisions of
RCW 46.20.308, the withdrawal of blood for the purpose of deter-
mining its alcoholic content may be .'performed only by a physi-
cian, a registered nurse, or a qualified technician. This limita-
· tion 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 owl~ choosing administer a chemical test or tests in addi-
tion to any administered at the direction of a law enforcement
officer. The failure or inability to obtain an additional test by a
346
- . RULES OF THE AD
p~rson shall not preclude the admission of evidence relating to
the test or tests taken at the direction of a law enforcement of-
ricer.
(6) Upon the ,'equest of the person who shall submit to a
chemical test or tests at the request of a law enforcement officer,
full infolxnation concerning the test or tests shall be made avail-
~ble to him or his attorney.
SeVerability: See RCW 469.0.911.
LEGISLATIVE HISTORY
Added by Laws 1969 eh i § 3 (Initiative Me,ute No. 242 ~ 3), effec-
tive December 5, 1968. Based on:
la) Laws 1st Ex Sess 1965 ch 155 § 60 p 2311.
(b) Laws 1961 ch 12 § 46.56.010 p 379.
lc) Laws 1937 ch 189 § 119 p 576, as amended by Laws. 1949 ch 196 ~ 4
p 576, Laws 1955 ch 393 § 3 p 1700. Id) Laws 1927 ch 309 t 51 p 811.
See RRS § 6360-119, 6362-51 and former I~CW 46.56.010, 46.61~505.
COLLATERAL REFERENCES
Am Sur 2d Automobiles and I-Iighway TI'a/ftc §§'253 et seq., 316, 330-
'334, 938.
C$S Criminal Law §§ //79, 645, 65I, 652, Ev/dence §§ I87, 278~ 315, 586
~t seq.
Forms:
3 Am Jut P1 & Pr Forms (Hey ed), Automobiles and Highway Tra//ic,
''Forms 391, 413 et seq. §guest's complaints et driving while intoxicated
as negligence), Forms 777, 778 (allegations et driving while intoxicated
, .as negligence), Forms 1353, 1354 §answer alleging guest's contributory
negligence in drunkenness of driver), Form 1612 (instruction. defining'
,dr.iving while intoxicated under statute), Forms 1711' ei seq. (instructions
~n driving while intoxicated).
Modern Legal Forms:
§ 593 (affidavit for search warrant). '
§ 713.5 (consent authorizing search of residence)...
l'roof of Facts:
2 Am Jur Proof of Facts, Blood Tests, Proof No. 2 (proof 0f c0ncentra-
· tion of alcohol in blood).
6 Am Jur Proof_of Facts, intoxication, Proof Nos. 1-3 (proof of intox-
ication).
16 Am Jut Prooi of Facts, Alcoholism, p 630 (cross.examination to dis-
~:redit drunkometer test of alcoholic).
X~w l~eview Articles:
41 Wn LR 547 (admissibility of blood sample evidence in clv/l case).
Annotations:
42 ALR 1498, 49 ALR 1392, 68 ALR 1356, 142 ALR 555 (driving automo-
~bile while intoxicated as substantive offense).
56.AL/t 3~/ (statute relating to civil liability o! person driving auto).
347.
RULES OF THE ~-OAD 46.61.506
loxicating liquor, the amount of alcohol in the defendant's blood at the
time alleged as shown by chemical analysis of the defendant's blood,
urine, breath, or other bodily substance shall give rise to the following
presumptions: .
"(a) It there was at that time 0.05 percent or less by weight of alcohol
in the defendant's blood, it shall be presumed that the defendant was
not under the influence of intoxicating liquor;
"(b) If there was at that time in excess of 0.05 percent but less than
0.15 percent by weight of alcohol in the defendant's blood, such fact shall
not give rise to any presumption that the defendant was or was not
under the influence of intoxicating liquor, but such fact may be con-
~ldered with other competent evidence in determining the guilt or inno-..
cence of the defendant;
"(c) If there was at that time 0.15 percent or more by weight of alco.
hol in the defendant's blood, it shall be presumed that the defendant wa~
under the influence of intoxicating liquor.
°'(3) The foregoing provisions of this section shall not be construed
as limiting the introduction of any other competent evidence bearing
upon the question whether or not the defendant was under the influence
of intoxicating liquor. Nothing herein contained shall be construed as
requiring any person to submit to a chemical analysis of his blood, and
the refusal to submit to such an analysis shall not be admissible in evi-
dence in any~ criminal prosecution for a violation of the provisions of
this section or in any civil action.
"(4) Evidence of the chemical analysis or scientific breath test of any
kind of such person's blood shall not be admissible unless such person
shall have been advised by the person giving the test before giving the
test that such person has the constitutional right not to submit to such
lest. Evidence taken in violation of this chapter shall not be admitted in
evidence in any criminal or civil proceeding." Bazed on: (a) Laws 1961 ch 12 § 46.56.010 p 379.
(b) Laws 1937 ch 189 § 119 p 576, as amended by Laws 1949 ch 19,6 § 4
p 576, Laws 1955 'ch 393 § 3 p 1700. (e) Laws 1927 ch 309 § 51 p 811.
2. Repealed by Laws 1969 ch 1 § 5 (Initiative Measure No, 242 § 5),
effective December 5, 1968.
Later enactment, see RCW 46.61.506.
See RRS §§ 6360-119, 6362-51 and former. RCW 46.56.010.
46.61.506 Persons under influence of intoxicating liquor--
Presumpfions---Evidence..-Chemical tests~lnformation concern-
ing tests. (1) It is unlawful for any person who is under the in-
fluence of or affected by the use of intoxicating liquor or of any'
narcotic drug to drive or be in actual physical control of a vehi-
cie within this state.
(2) Upon the trial of any civil or criminal action or proceed-
lng arising out of acts alleged to have been committed by any
person while driving or in actual physical control of a vehicle
while under the influence of intoxicating liquor, the amount of
alcohol in the person's blood at the time alleged as shown by
345
c]~emical analysis of bis blood, brea.~ or o'ther bodily substance
shall give rise to the following presumptions:
(a) If there was at that time 0.05 per cent or less by weight
of alcohol in the person's blood, it shall be presumed that he was
not under the influence of intoxicating liquor.
(b) If there was at that time in excess of 0.05 per cent but
less than 0.10 per cent by weight of alcohol in the person's
blood, such fact shall not give rise to any presumption that the.
person was or was not under the influence of intoxicating liquor,
but such fact may be considered with other competent evidence
in determining whether the person was under the influence of
intoxicating liquor.
(e) If there was at tha{ time 0.10 per cent or more by weight
of alcohol in the person's blood, it shall be presumed that he was
under the influence of intoxicating liquor.
(d) Per cent by weight of alcohol in the blood shall be based
upon milligrams of alcohol per one hundred cubic centimeters of
blood.
(e) The foregoing provisions of this section shall not be eon-
strued as limiting the introduction of any other competent evi-
dence bearing upon the question whether the person was under
· the influence of intoxicating liquor.
(3) Chemical analysis of the person's blood or breath to be
considered valid under the 'provisions of this section shall have
been performed according to methods approved by the state tox-
icologist and by an individual possessing a valid permit issued by
the state toxicologist for this purpose. The state toxicologist is
directed to approve satisfactory techniques or methods, to super-
vise the examination of individuals to ascertain their qualifiea-
tions and competence to conduct such analyses, and to issue per-
mits which shall be subject to termination of revecation at the
discretion of the state toxicologist.
(4) When a blood' test is administered Under the provisions of
RCW 46.20.308, the withdrawal of blood for the purpose of deter-
mining its alcoholic content may be Performed only by a physi-
cian, a registered nurse, or a qualified technician. This limita-
tion 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 own choosing administer a chemical test or tests in addi-
tion to any administered at the direction of a law enforcement
officer. The failure or inability to obtain an additional test by a
34~
RULES OF TIlE AD
p~rson shall not preclude the admission o£ evidence relating to
the test or tests taken at the direction of a law enforcement
ricer.
(6) Upon the request of the person who shall submit to a
chemical test or tests at the request of a law enforcement officer,
full info~wnation concerning the test or tests shall be made avail-
able to him or his attorney.
Severability: See RCW 4620.911.
LEGISLATIVE HISTORY
Added by Laws 1969 ch I 4 3 (Initiative Measure No, 242 4 3), effec-
· five December 5, 1968. Based on:
(a) Laws 1st Ex Sess 1965 ch 155 4 60 p 2311.
(b) Laws 1961 ch 12 § 46.56.010 p 379.
(c) Laws 1937 ch 189 4 119 p 576, as amended by Laws, 1949 ch 196 § 4
p 576, Laws 1955 ch 393 § 3 p 1700. (d) Laws 1927 ch 309 § 51 p 811.
See RRS § 6360-119, 6362-51 and former RCW 46.56.016, 46.61.505.
COLLATERAL REFERENCES
Am Jut 2d Automobiles and Highway Traffic 4§ 253 et seq., 316, 330-
:334, 938. .
CJS Criminal Law §4 579, 645, 651, 652, Evidence §§ 187, 278, 315, 586
et seq.
Forms:
3 Am Jut P1 & Pr Forms (Rev ed), Automobiles and Highway Traffic,
· Forms 391, 413 et seq. (guest's complaints of driving while intoxicated
as negligence), Forms 777, 778 (allegations of driving while intoxicated
- ss negligence), Forms 1353, 1354 (answer alleging guest's contributory
negligence in drunkenness of driver), Form 1612 (instruction. defining'
.driving while intoxicated under statute), Forms 1711' ei seq. (instructions
~)n driving while intoxicated),
Modern Legal Forms:
§ 593 (affidavit for search warrant).
4 713.5 (consent authorizing search of residence).
Proof of Facts:
2 Am Jur Proof of Facts, Blood Tests, Proof No. 2 (proof Of concentra-
' tlon of alcohol in blood).
6 Am Jur Proof_of Facts, Intoxication, Proof Nos. 1-3 (proof of intox-
ication). '
16 Am Jut Proof of Facts, Alcoholism, P 630 (cross~xamination to dis-
credit drunkometer test of alcoholic).
.law Review Articles:
41 Wn LR 547' (admissibility o! blood sample evidence in civil case).
Annotations:
42 ALR 1498, 49 ALR 1392, 68 ALR 1356, 142 ALR 555 (driving automo-
~bile while intoxicated as substantive offense).
56 ALR 327 (statute relating to civil liability oi ~erson driving auto).
347
RULES OF THE I~0AD 46.61.506
wxicating liquor, the amount of alcohol in the defendant's blood at the
tlrae alleged as shown by chemical analysis of the defendant's blood,
urine, breath, or other bodily substance shall give rise to the following
presumptions: . .
"(a) If there was at that time 0.05 percent or less by weight of alcohol
In the defendant's blood, it shall be presumed that the defendant was
not under the influence of intoxicating liquor;
"(b) If there was at that time in excess of 0.05 percent but less than '
0.15 percent by weight of alcohol in the defendant's blood, such fact shall
not give rise to any presumption that' the defendant was or was not
under the influence of intoxicating liquor, but such fact may be con-
~ldered with other competent evidence in determining the guilt or inno...
ccnce of the defendant;
'°lc) If there was at that time 0.15 .percent or more by weight of alco.
hol in the defendant's blood, it shall be presumed that the defendant was
under the influence of intoxicating liquor.
"(3) The foregoing provisions of this section shall not be construed
as limiting the introduction of any other competent evidence bearing
upon the question whether or not the defendant was under the influence
oi intoxicating liquor. Nothing herein contained shall be construed as
requiring any person to submit to a chemical analysis of his blood, and
lhe refusal to submit to such an analysis shall not be admissible in evi-
dence in any: criminal prosecution for a violation of the provisions of
this section or in any civil action.
"(4) Evidence of the chemical analysis or scientific breath test of any
kind of such person's blood shall not be admissible unless' such person
shah have been advised by the person giving the test before giving the
test that such person has the constitutional right not to submit to such
lest. Evidence taken in violation of this chapter shall not be admitted in
evidence in any criminal or civil proceeding." Based on:
(a) Laws 1961 ch 12 § 46.56.010 p 379.
(b) Laws 1937 ch 189 § 119 p 576, as amended by Laws 1949 eh 19.6 § 4
p 576, Laws 1955 'ch 393 § 3 p 1700.
(c) Laws 1927 ch 309 § 51 p $11.
2. Repealed by Laws 1969 ch 1 § 5 (Initiative Measure No. 242 § 5),
effective December 5, 1968.
Later enactment, see RCW 46.61.506.
See RRS § § 6360-119, 6362-51 and former. RCW' 46.56.010.
46.61.506 Persons under influence of intoxicating liquor--
Presumptions---Evidence--Chemic~l tests--Information concern-
ing tests. (1) It is unlawful for any person who is under the in-
fluence of or affected by the use of intoxicating liquor or of any
narcotic drug to drive or be in actual physical control of a vehi-
cle within this state.
(2) Upon the trial of any civil or criminal action or proceed-
ing arising out of acts alleged to have been committed by any
person while driving or in actual physical control of a vehicle
while under the influence of intoxicating liquor, the amount of
alcohol in the person's blood at the time alleged as shown by
345
Chemical analysis of his blood, bre.'-__ or Other bodily substance
shall give rise to the following presumptions:
' (a) If there was at that time 0.05 per cent or less by weight
of alcohol in the person's blood, it shall be presumed that he was
not under the influence of intoxicating liquor.
(b) If there was at that time in excess of 0.05 per cent but
less than 0.10 per cent by weight of alcohol in the person's
'blood, such fact shall not give rise to any presumption that the.
person was or was not under the influence of intoxicating liquor,
but such fact may be considered with other competent evidence
in determining whether the person was under the influence of
intoxicating liquor.
(e) If there was at thai time 0.10 per cent or more by weight
of alcohol in the person's blood, it shall be presumed that he was
under the influence of intoxicating liquor.
(d) Per cent by weight of alcohol in the blood shall be based
upon milligrams of alcohol per one hundred cubic centimeters of
blood.
(e) The foregoing provisions of this section shall not be con-
strued as limiting the introduction of any other competent evi-
dence bearing upon the question whether the person was under
· the influence of intoxicating liquor.
(3) Chemical analysis of the person's blood or breath to be
considered valid under the provisions of this section shall have
been performed according to methods approved by the state tox-
icologist and by an individual possessing a valid permit issued by
the state toxicologist for this purpose. The state toxicologist is
directed to approve satisfactory techniques or methods, to super-
vise the examination of individuals to ascertain their qualifica-
tions and competence to conduct such analyses, and to issue per-
mits which shall be subject to termination of revocation at the
discretion of the state toxicologist.
(4) When a blood' test is administered Under the provisions of
RCW 46.20.308, the withdrawal of blood for the purpose of deter-
mining its alcoholic content may be .performed only by a physi-
cian, a registered nurse, or a qualified technician. This limita-
tion 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 own choosing administer a chemical test or tests in addi-
tion to any administered at the direction of a law enforcement
officer. The failure or inability to obtain an additional test by a
346
- '' RULES OF Tile
l~er:on shall not preclude the admission of evidence relating to
the test or tests taken al: the direction of a law enforcement of-
ricer.
(15) Upon the request of the person who shall submit to a
chemical test or tests at the request of a law enforcement officer,
full infomnation concerning the test or tests shall be made avail-
able to him or his attorney.
SeVerability: See RCW 4620.911,
LEGISLATIVE HISTORY
Added by Laws 1969 ch 1 § 3 (Initiative Measure No. 242 § 3), effec-
'rive December 5, 1968. Based on:
(a) Laws 1st Ex Sess 1965 ch 155 § 60 p 2311.
(b) Laws 1961 ch 12 § 46.56.010 P 379.
(c) Laws 1937 ch 189 § 119 p 576, as amended by Laws 1949 ch 196 § 4
p 576, Laws 1955 ch 393 § 3 p 1700. (d) Laws 1927 ch 309 § 51 p 811.
See RRS § 6360-119, 6362-51 and former RCW 46.56.010, 46.61.505.
COLLATERAL REFERENCES
Am Jut ~-d Automobiles and Highway Traffic § § 253 et seq., 316, 330-
'234, 938. .
CJS Crhninal Law §§ 579, 645, 651, 652, Evidence §§ 187, 2?8, 315, 586
~t seq.
Forms:
3 Am Jut P1 & Pr Forms (Rev ed), Automobiles and Highway Traffic,
' Forms 391, 413 et seq. (guest's complaints of driving while intoxicated .
as negligence), Forms 777, 778 (allegations of driving while intoxicated
. as negligence), Forms 1353, 1354 (answer alleging guest's contributory
negligence in drunkenness of driver), Form 161~. (instruction defining'
,driving while intoxicated under statute), Forms 1711' et seq. (instructions
~n driving while intoxicated).
Modern Legal Forms:
§ 593 (affidavit for search warrant).
§ 713.5 (consent authorizing search of residence).
Proof of Facts:
2 Am Jur Proof of Facts, Blood Tests, Proof 1~1o. 2 (proof Of concentra-
' tion of alcohol in blood).
6 Am Jut Proof~of Facts, Intoxication, Proof Nos. 1-3 (proof of intox-
ication).
16 Am Jut Proof of Facts, Alcoholism, P 630 (cross-examination to dis-
credit drunkometer test of alcoholic).
:l~w Review Articles:
41 Wn LR 547 (admissibility of blood sample evidence in civil ease).
Annotations:
42 ALP, 1498, 49 ALR 1392, 68 ALR 1356, 142 ALE 555 (driving automo-
~lle while intoxicated as substantive offense).
56 ALE. 327 (statute relating to civil liability of person driving auto).
347.