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Driving Under 21 After Having Consumed Alcohol

Driver under twenty-one consuming alcohol — Penalties.

State of Washington—RCW 46.61.503

• (1) Notwithstanding any other provision of this title, a person is guilty of driving or being in physical control of a motor vehicle after consuming alcohol if the person operates or is in physical control of a motor vehicle within this state and the person:
• (a) Is under the age of twenty-one;
• (b) Has, within two hours after operating or being in physical control of the motor vehicle, an alcohol concentration of at least 0.02 but less than the concentration specified in RCW 46.61.502, as shown by analysis of the person's breath or blood made under RCW 46.61.506.
• (2) It is an affirmative defense to a violation of subsection (1) 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 driving or being in physical control and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be in violation of subsection (1) of this section within two hours after driving or being in physical control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the earlier of: (a) Seven days prior to trial; or (b) the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
• (3) Analyses of blood or breath samples obtained more than two hours after the alleged driving or being in physical control may be used as evidence that within two hours of the alleged driving or being in physical control, a person had an alcohol concentration in violation of subsection (1) of this section.
• (4) A violation of this section is a misdemeanor.
  [1998 c 213 § 4; 1998 c 207 § 5; 1998 c
  41 § 8; 1995 c 332 § 2; 1994 c 275 § 10.
  Formerly RCW 46.20.309.]

Notes:

Reviser's note: This section was amended by 1998 c 41 § 8, 1998 c 207 § 5, and by 1998 c 213 § 4, each without reference to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Effective date -- 1998 c 213: See note following RCW 46.20.308.

Effective date -- 1998 c 207: See note following RCW 46.61.5055.

Intent -- Construction -- Effective date -- 1998 c 41: See notes following RCW 46.20.265.

Severability -- Effective dates -- 1995 c 332: See notes following RCW 46.20.308.

Short title -- Effective date -- 1994 c 275: See notes following RCW 46.04.015.

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