What Is 46.61 502?

The DUI law that governs Washington state is RCW 46.61 502. “RCW” stands for “Revised Code of Washington,” while “46.61 502” refers to the title (46), chapter (46.61), and the section where the law is located within the RCW. All of the laws that are part of this collection are currently enforced.

Washington State Legislature refers to these laws as “Session Laws” that the Legislature approved and the Governor signed.

What Restrictions and Stipulations Apply Under RWC 46.61 502?

This law sets the Washington state BAC limit for DUI for a number of different circumstances. It also includes provisions for “implied consent” regarding chemical/breathalyzer tests and “per se DUI.”

1. Washington State BAC Limits

According to the current law, you are guilty of driving under the influence if your BAC (blood alcohol concentration) is at or above .08% within two hours after operating a motor vehicle.

You’re also guilty of a marijuana DUI if, within two hours of driving a vehicle, your THC concentration is at or above 5.00, or you’re under the influence of any other drug, or combination of drugs and alcohol. Even if you have a legal reason to be in possession of the drugs – for instance, if you have a doctor’s prescription – you are still guilty of a DUI.

You may be able to prove in court that your alcohol or drug consumption occurred after you operated a vehicle and within those two hours, but there are stipulations about that, too. For instance, you have to notify the court prior to your pretrial or hearing that you plan on making this move.

2. The “Implied Consent” Provision

Under Washington state law, if you drive on state roads, you have given your implied consent for blood or breath testing in cases where an officer has sufficient reason to believe you are driving under the influence.

3. The “Per Se DUI” Provision

Even if you feel like you can drive safely at the legal limit due to your body composition or drinking experience, you can still get a DUI. This is because the “per se DUI” provision sets the limit unequivocally at .08%. There are no special cases or extenuating circumstances taken into account.

Related Washington DUI Laws: 46.61 503, 46.61 504, and Beyond

A bevy of other laws that regulate driving under the influence is related to 46.61 502.

These include penalties for drivers under 21 with a DUI, the definition of “physical control of vehicle under the influence,” additional fees for violators, and mandatory appearances they must make, including appearing before a judicial officer or appearing in court.

A DUI Lawyer in Spokane, WA Can Help You Navigate State Laws

If you’re charged with a DUI, there’s a lot to contend with. You can understand and deal with your obligations under the law easier if you work with a DUI lawyer in Spokane, WA. For expert advice and representation, contact us for a free consultation.