Washington could join Utah as strictest states for blood alcohol levels while driving
Two new bills in the Legislature could change how driving under the influence is treated in the state of Washington.
On Monday, the Senate Law and Justice Committee held public hearings for Senate Bill 5002 and Senate Bill 5032. Republicans and Democrats are co-sponsoring both pieces of legislation.
SB 5002, sponsored by Sen. John Lovick, D-Mill Creek, would lower the blood alcohol concentration (BAC) limit from .08 to .05 while operating a vehicle.
“It is very clear to me that drunk driving is impacting the safety of our communities, and it is time we do something,” Lovick told the committee. “Drunk driving is a choice. Drunk driving collisions are avoidable.”
“Impairment starts with the first drink,” he added.
According to the Washington Traffic Safety Commission, the state has seen a stark increase in fatal collisions in recent years. In 2021, there were 602 fatal accidents, a jump from the 539 accidents reported in 2020. The agency noted that 30% of total accidents in 2021 involved a drunk driver, and 39% of the total involved a driver who tested positive for drugs while driving.
North America, including the United States, has some of the highest BAC limits in the world. A majority of other countries around the world have limits set at .05 or lower, including most countries in Europe. Some countries such as Afghanistan have zero tolerance.
If passed, Washington would become one of two states with the strictest BAC limits in the country. Utah is the only state that currently has a BAC limit of .05.
Many agencies signed in to testify in support of the legislation, including Gov. Jay Inslee’s office, the Washington State Patrol, and the Washington Department of Licensing.
“It is not possible to predict how many drivers may modify alcohol-impaired driving as a result of a lower BAC, however, there is a fair amount of evidence that a lower BAC will result in some drivers modifying driving behavior,” said Lindsay Herendeen from the Washington state Board of Health.
But there is some opposition to the proposed legislation.
Josh McDonald, the executive director for the Washington Wine Institute, told the committee the institute is opposed to the bill. He said the bill would affect the ability for people to go to wine tastings and take home wines they like.
“Even with extreme focus on tailoring the experience to be about trying our product to take home, that change to .05 BAC could turn this responsible, moderate consumption experience for both the customer and winery into a very serious concern,” McDonald said.
The legislation would go into effect on July 1, if legislators pass the measure this session.
The other piece of legislation heard in the Senate committee would apply to those who have previous DUIs.
As the law currently stands, a person can be convicted of a felony for driving while impaired if they have been convicted of a DUI three or more times in the 10 years prior, or if they have previously been charged with a felony DUI.
The new law, if passed, would change the 10-year lookback period to a 15-year period to increase the penalty from a gross misdemeanor to a felony conviction for anyone who has three or more prior DUIs.
SB 5032 is sponsored by Sen. Mike Padden, R-Spokane Valley.
Padden told the committee that the reasoning for the longer lookback is because repeat offenders eventually end up committing vehicular homicide or vehicular assault. The measure, he said, is preventative.
Additionally, the bill would create a sentencing alternative for a felony driving under the influence conviction, as long as the offender does not have a prior felony DUI conviction, and has not been convicted of vehicular assault or vehicular homicide.
Amy Freedheim, senior deputy prosecuting attorney for King County, said the agency supports of the measure.
“No one is more dangerous than a multiple repeat DUI offender,” she said. “It is not a mistake, it is intentional disregard for personal and public safety, and contempt for the courts and the laws.”
Shelly Baldwin from the Washington Traffic Safety Commission also spoke in support of the bill.
Baldwin said that by extending the lookback period from 10 to 15 years and making treatment available and more attractive, the bill can help break the cycle of addiction that keeps repeat offenders in the system.
No one testified against the bill.
Legislators will have until April 23 to pass legislation this session.
This story was originally published January 17, 2023 at 5:00 AM.
