§  46.61.506. Persons under influence of intoxicating liquor or drug - Evidence - Tests - Information concerning tests

1. Upon the trial of any civil or criminal action or proceeding 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 or any drug, if the person's alcohol concentration is less than 0.08, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug.



2. The breath analysis shall be based upon grams of alcohol per two hundred ten liters of breath. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.



3. Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been performed according to methods approved by the state toxicologist 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 supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or 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 determining its alcoholic or drug content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation 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 or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
6. Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.

HISTORY: 1998 c 213 §  6; 1995 c 332 §  18; 1994 c 275 §  26; 1987 c 373 §  4; 1986 c 153 §  4; 1979 ex.s. c 176 §  5; 1975 1st ex.s. c 287 §  1; 1969 c 1 §  3 (Initiative Measure No. 242, approved November 5, 1968).

NOTES:

EFFECTIVE DATE - 1998 C 213: See note following RCW 46.20.308.
 
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.
 
LEGISLATIVE FINDING, PURPOSE - SEVERABILITY - 1987 C 373: See notes following RCW 46.61.502.
 
SEVERABILITY - 1979 EX.S. C 176: See note following RCW 46.61.502.
 
SEVERABILITY, IMPLIED CONSENT LAW - 1969 C 1: See RCW 46.20.911.