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(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. |
