[{"_1":2,"_110":-5,"_111":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,98],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6379305,"mediaKeyId","2136479-8b5dc8e322987453fd9a9160a887a3c3","parentId",2136479,"title","House committee hears divided testimony on lowering DUI per-se limit to 0.05","audioSeconds",5489,"startMs",0,"endMs",5489000,"viewUrl","/Search/View?dp=1&key=2136479-8b5dc8e322987453fd9a9160a887a3c3&start=0&end=5489","thumbnailUrl","https://assets.pipeline.soar.com/2136479-8b5dc8e322987453fd9a9160a887a3c3/thumbnail_0.jpg","articleUrl","/articles/6379305/Washington/House-committee-hears-divided-testimony-on-lowering-DUI-per-se-limit-to-005","mediaUrl","https://secure.pipeline.soar.com/6379305-247b441babd40cf1fbba45783fd460db/orig.mp4?Expires=1771159485&Signature=HPUYbMYn-8KbfWAhLqkstaL1IT5QgpXnbY-t5yQKG~ta5YZhstymNfvxt0tqlvDM51hV3a1xY11k9xsqjcgh1QrA8rZrQqPqDchshlh3uDJEbGPTQLIu7hWJDgcUFATQ84mwoLqaaZXifYohgyeO2acJbwKwJRtN0U-OOyCKDaOm73uOziprWAQQE3LRQDvXksV-qLcVFoB1uoIEvcQv3~r7DW3z4BNjEQxj9TKOb8bh74xxjtGvGHFMLU5JaNlkyMdocjt3XcNycL7hKnUJ-bET-rCMYBUoImlT8t4dhxdAkaKF9ePZRm1l9OObUAY100uyawy0B0t4zkJ-gJvtFQ__&Key-Pair-Id=KUT5TJCACFTXG","author","House Community Safety","date","2025-01-21T00:00:00Z","article","The Community Safety Committee of the Washington House of Representatives heard extensive testimony Jan. 21 on House Bill 1315, which would lower the state's per-se blood alcohol concentration (BAC) limit for driving from 0.08% to 0.05% and make several related statutory changes.

Why it matters: Committee staff and public health and safety experts told lawmakers that a lower per-se limit is associated with fewer fatal crashes, while hospitality and alcohol-industry witnesses warned that the change could penalize responsibly drinking customers and present enforcement challenges.

At the work session that preceded the formal hearing, Dr. Tao Quanget, chief science officer for the Washington Department of Health, described how alcohol affects judgment, coordination and visual tracking. \"Alcohol begins to affect the body and the brain almost immediately,\" Quanget said, noting that \"one standard drink in one hour... can be expected to result in a blood alcohol concentration of 0.03% for an average woman and 0.02% for an average man.\" Mark McKechnie, external relations director for the Washington Traffic Safety Commission, told the committee that traffic deaths in Washington rose 75% from 2014 to 2023, and that impaired-driver-involved fatalities rose 80% in the same period. \"Between 2014 and 2023, they increased overall 75% with 809 deaths in 2023,\" McKechnie said.

National and international evidence was central to supporters' arguments. Tom Chapman, a member of the National Transportation Safety Board, reiterated the board's long-standing recommendation for a 0.05 per-se limit and cited research estimating an average 11% decrease in impaired-driving fatalities after lowering limits to 0.05. Dr. Beth Ebel, a pediatrician and trauma specialist at Harborview Medical Center, said the change would save lives: \"These deaths that we're discussing today are entirely preventable,\" she said.

Victims' families and advocates also urged action. Ashley Bonis, whose sister died after being struck by an impaired driver, told lawmakers, \"Until we make a change, no 1 is safe on our roads in Washington state.\" Mothers Against Drunk Driving and other safety organizations testified in favor of the bill, citing Utah's experience after adopting a 0.05 per-se limit and international comparisons where many countries already use 0.05 or lower limits.

Opponents — including the Washington Hospitality Association, the Washington Wine Institute and the Washington Brewers Guild — urged caution. Julia Gorton, representing the hospitality industry, told the committee, \"This proposal... impacts drivers who are not impaired with a BAC below 0.08. These are our customers who choose to follow the law and stop drinking before becoming impaired and who will now be subject to the toughest DUI penalties in the country.\" Servers and bartenders raised practical concerns about identifying impairment at lower BACs; Emily Bourne, a server at Cascadia Pizza, said, \"At point 05, most people don't show obvious signs of intoxication... Asking me to enforce a limit that is essentially invisible in real time puts me in an impossible position.\"

Law enforcement and prosecutors offered mixed feedback on related sentencing provisions in the bill. Lieutenant Jeff Flynn of the Washington State Patrol described the three-phased roadside assessment officers use to determine impairment and emphasized that officers rely on observed impairment as well as BAC results. Amy Friedheim, chair of the felony traffic unit in the King County Prosecutor's Office, supported lowering the per-se limit but warned against statutory changes that would reduce mandatory minimums for repeat offenders.

Committee staff outlined additional HB 1315 provisions beyond the per-se change: increasing the statute of limitations for DUI/physical control from two to three years, revising mandatory-minimum alternatives for repeat offenders, requiring substance use disorder assessment and treatment where appropriate, eliminating a witness fee for Department of Licensing hearings, and directing the Washington Traffic Safety Commission to run a public information campaign.

The bill drew high public engagement: dozens of witnesses testified over the committee's extended hearing. Lawmakers did not take a final vote during the Jan. 21 session; the measure remained under consideration for amendment and further review.

For now, HB 1315 remains a live proposal. The committee will weigh the competing policy goals of reducing impaired-driving fatalities, avoiding unintended burdens on servers and small businesses, and preserving or revising criminal penalties for repeat offenders.","mediaType","Video","parentTitle","House Community Safety - 1/21/2025 4:00 PM","oneSentenceSummary","The Community Safety Committee of the Washington House of Representatives heard extensive testimony Jan. 21 on House Bill 1315, which would lower the state's per-se blood alcohol concentration (BAC) limit for driving from 0.08% to 0.05% and make several related statutory changes.","taxTitle","Community Safety, Justice, & Reentry, House of Representatives, Legislative Sessions, Washington","taxId",20257,"location","Washington","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6379291,"Fatal hit-and-run bill prompts victims' pleas, mixed legal views",1022,5745000,6767000,"/Search/View?dp=1&key=2136479-8b5dc8e322987453fd9a9160a887a3c3&start=5745&end=6767","https://assets.pipeline.soar.com/2136479-8b5dc8e322987453fd9a9160a887a3c3/thumbnail_5745000.jpg","/articles/6379291/Washington/Fatal-hit-and-run-bill-prompts-victims-pleas-mixed-legal-views","https://secure.pipeline.soar.com/6379291-265999d88edb8de903d165d23ea4a35c/orig.mp4?Expires=1771159485&Signature=CQHYQTTgr-ymnL7csSPWZthrYBUPbxZ~ZHSxhhTWj1ddnE4eFUnR8wDl9ytPutPkUofYk14QXTEB2Hx-Wnf1dNLWHFngKl18lJEDpnFs7mmOXYcnta-DlBw4Roal1fg-qD-lSPFWfvh9PWF21rUTplifbGN83ZCSJCRxIlabmdJk~Dftfhw-KsaN66gOCiO84dIQayuucfYxO4U8vjxN9w5ALmX46vqIeyMRIPFXuGNCIpe49kSvIrufA1eDBs-7GL7QEwgf91nvhlpiVMxnhIR7J--ZlMr19Z2mGPz6f6~6bnHU~8qxC44BMcjU5uPilkFAIoNOuZdRQxaHv5SSdg__&Key-Pair-Id=KUT5TJCACFTXG","The Community Safety Committee took testimony Jan. 21 on House Bill 1074, which would remove the availability of first-time offender waivers for hit-and-run crimes that result in death.

Committee staff summarized current law: a hit-and-run that results in death is a class B felony and, under existing statute, may be eligible for a first-time offender waiver in some cases. A waiver allows the court to substitute a reduced confinement or community-custody sentence — up to 90 days confinement or community custody with conditions — in lieu of a standard felony sentence.

Victims' families urged lawmakers to bar waivers in fatal hit-and-run cases. Amber Goldade, whose 12-year-old daughter was killed, said the driver who hit her daughter \"kept going\" and that \"it didn't seem like justice would be served\" if that driver faced only a light sentence. \"People who commit crimes like hit and runs need to be held accountable the first time to possibly prevent future victims,\" Goldade said.

Defense attorneys and some criminal-justice observers urged caution. Jason Lance of the defense bar noted that hit-and-run death is a duty-based crime that can be committed where fault for the collision is not obvious — for example, when a pedestrian unexpectedly enters a roadway — and said judges need discretion in rare cases. \"We have had examples of people with neurological disorders... or youth who in panic go home to mom and dad,\" Lance said, arguing against a categorical bar on waivers.

Prosecutors described limited, case-specific use of waivers. Amy Friedheim of the King County Prosecutor's Office said waivers are \"utilized... in very rare circumstances\" for hit-and-run deaths to allow restitution, burial expense agreements or treatment that would not otherwise be available under a straight felony sentence.

Committee members did not vote on HB 1074 during the Jan. 21 session. The hearing underscored the tension between victims' demands for stronger, predictable penalties in fatal-hit-and-run cases and defense concerns about preserving judicial discretion in unusual circumstances.","House Bill 1074 would bar eligibility for first-time offender waivers in hit-and-run cases that result in death. Victims' families urged passage; defense groups warned judges need discretion in rare circumstances; prosecutors said waivers are sometimes used to secure restitution and treatment",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":44,"_43":91,"_45":91,"_47":92,"_49":93,"_51":94,"_53":95,"_55":56,"_57":58,"_59":96,"_61":62,"_63":64,"_65":97,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6379296,"Sponsor seeks to classify all vehicular homicide as violent, most-serious offenses",5507000,"/Search/View?dp=1&key=2136479-8b5dc8e322987453fd9a9160a887a3c3&start=5507&end=5507","https://assets.pipeline.soar.com/2136479-8b5dc8e322987453fd9a9160a887a3c3/thumbnail_5507000.jpg","/articles/6379296/Washington/Sponsor-seeks-to-classify-all-vehicular-homicide-as-violent-most-serious-offenses","https://secure.pipeline.soar.com/6379296-7e37d027f9afefe2d7c9d8bd528a71f1/orig.mp4?Expires=1771159485&Signature=Xcn8hkl4J9SiJnVWwY6kvUR5kVVcViYBPulAMnl62QY-pLUupxAC7FX6081EqnzJYEpGLJBb4g6uuA6zVZOOh8-QYQqxSptEzN9Uo3gqCYVWf7GBVA1B~arLmc63gqrOSS75JzEn78KYxiRZpgoAcJKq0wliROty8aCjyy416qPnKu1wDfngUWwZkrByBzSPVOGzjbB~s8ZLXf8q7VLXv9lmTkGbRKKobRR9hUfuAzT1m47QS70I90oXJ-7B4aWFzqFipWBJP2NaVfuKYcQaALsAxL1O73O1GYsJsX6jJL3zohbeKy89FtWElXjwibCiRq9liMHeCo2mIqU71xqOcg__&Key-Pair-Id=KUT5TJCACFTXG","The Community Safety Committee heard testimony Jan. 21 on House Bill 1101, which would designate vehicular homicide — including deaths that result from a driver's disregard for the safety of others — as both a violent offense and a \"most serious\" offense under Washington law.

Representative (sponsor) said the bill aims to prevent first-time offender waivers in cases where a death results from a driver's disregard for safety. \"I think there should be sanctions for this, and that's why I ran this bill,\" the sponsor said during brief remarks.

Committee staff described the legal context: vehicular homicide can arise when a death ensues within three years as a proximate result of a driver's operation of a vehicle under one of three circumstances — driving under the influence, reckless operation, or operating with disregard for the safety of others. Under current law, two of those types are explicitly designated violent and most serious; the bill would make that designation explicit for all three.

Prosecutors urged passage for consistency and sentencing purposes. Amy Friedheim, chair of the King County Prosecutor's felony traffic unit, described the measure as a statutory cleanup and argued that the applicable crimes should not be eligible for first-time offender waiver: \"There is no reason why somebody who causes... should get a first time offender waiver,\" Friedheim told the committee.

Defense organizations opposed the bill. Jason Lance of the Washington Association of Criminal Defense Lawyers and the Washington Defender Association said the proposal would expand strikeable offenses under Washington's three-strikes framework and warned of disproportionate consequences. \"This 3-strikes law... is grossly disproportionately imposed upon people of color, and so we should not be expanding the 3 strikes law by adding this to, as a strike,\" Lance said.

Lawmakers did not take a vote on HB 1101 at the hearing. The issue raises competing questions about ensuring stern penalties for deadly conduct and preserving judicial discretion and sentencing tools in cases with special mitigating circumstances.","Representative introduced a bill to explicitly designate vehicular homicide, including deaths caused by disregard for safety, as both violent and \"most serious\" offenses; prosecutors supported the change for sentencing and custody tools while defense groups warned about expanding strike provisions and disparate impacts",{"_33":99,"_35":36,"_37":38,"_39":100,"_41":101,"_43":102,"_45":103,"_47":104,"_49":105,"_51":106,"_53":107,"_55":56,"_57":58,"_59":108,"_61":62,"_63":64,"_65":109,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6379300,"Bill to allow limited vacation of some DUI convictions draws split testimony",4137,1817000,5954000,"/Search/View?dp=1&key=2136479-8b5dc8e322987453fd9a9160a887a3c3&start=1817&end=5954","https://assets.pipeline.soar.com/2136479-8b5dc8e322987453fd9a9160a887a3c3/thumbnail_1817000.jpg","/articles/6379300/Washington/Bill-to-allow-limited-vacation-of-some-DUI-convictions-draws-split-testimony","https://secure.pipeline.soar.com/6379300-eaa9e634a3740d3c298828179ccd51b7/orig.mp4?Expires=1771159485&Signature=klTQ2w57lcyjKVIBsQy57c3fVK6MZp8l29KAM0p9LdeTxZFbflJhCwa9vvo9Ra8r6Foxg3hWxaaYRlzS4BJRGy4REoHkMIkJeHkqEYTc-IBhnPZbNF3Ut7hVAvWwvCPHw1gznHQKhi4MaCajK9Ze2FEWYr7uJWR3xqmi6f9ajl0Uv~kViD0ATb~zjrOlRr756xh2E3eOXuVE8hWq5Qtk67f7Ypk0Qv8F~KeDhF5fFYr~Uu06NdsA0hMXpyvpxx3N1FSGNaZWyc5ooFVHBdEmbfp29YIk1r8JjGOQi~vADrThU1x4RYmSEbIbGjsiGutYRSVPaDF1VNcdQsiZOga0uw__&Key-Pair-Id=KUT5TJCACFTXG","On Jan. 21 the Community Safety Committee considered House Bill 1110, a proposal that would allow a person convicted of driving under the influence (DUI) or physical control (PC) to apply to vacate that conviction if they have completed all sentence terms and have no subsequent alcohol- or drug-related traffic convictions within five years.

Committee staff explained statutory details: a vacated DUI would be treated as a prior conviction for certain later prosecutions within 15 years and could be used for sentencing in vehicular-homicide cases that occur while the driver was under the influence. The staff summary also noted other current limits on vacation eligibility, including pending charges and certain categories of offenses.

Representative Lillian Ortiz-Salle, sponsor of the bill, framed HB 1110 as a narrow pathway to second chances for people who have completed court-ordered obligations and remained law abiding. \"I believe in second chances,\" she told the committee, recounting constituent cases in which a single DUI conviction created long-term barriers to family travel, employment and housing.

Supporters included legal-aid and defense organizations. Oscar Aguirre of the King County Bar Association's Records Project said the change \"in no way impacts law enforcement's ability to enforce the DUI laws\" and argued that vacating some convictions reduces barriers to employment and housing for people who have completed sentences. Alex Uscoskie of the Washington Association of Criminal Defense Lawyers and the Washington Defenders Association said vacating historic convictions can support reintegration but that vacated records would still be available for sentencing in some later prosecutions under the bill's terms.

Civil-society advocates and reentry lawyers urged passage. Laura Delviar of Civil Survival said DUI convictions function as \"a scarlet letter\" for many clients who had otherwise rebuilt their lives and stressed that the bill aligns DUI vacation with existing post-conviction relief available for most other offenses.

Opponents cautioned the bill could undercut recent reforms. Linda Thompson of the Washington Association For Substance Misuse and Violence Prevention noted that last year's HB 1493 created a narrowly negotiated framework for deferred prosecutions and expressed concern that HB 1110 could undermine that compromise. James McMahon of the Association of Sheriffs and Police Chiefs and Amy Friedheim of the King County Prosecutor's Office warned about conflicts with occupational licensing and transportation requirements and said the bill could make it harder to hold repeat offenders accountable.

The committee did not vote on HB 1110 at the Jan. 21 hearing; testimony reflected competing priorities between restoration of civic opportunities for people who have completed sentences and concerns about public-safety and sentencing consequences if convictions are removed from easy review.","Supporters say House Bill 1110 will help people who have completed sentences and remained law-abiding for five years regain opportunities; opponents warn it could undermine recent deferred-prosecution reforms and create public-safety and licensing complications","actionData","errors"]

Article not found

House committee hears divided testimony on lowering DUI per-se limit to 0.05

Fatal hit-and-run bill prompts victims' pleas, mixed legal views

Sponsor seeks to classify all vehicular homicide as violent, most-serious offenses

Bill to allow limited vacation of some DUI convictions draws split testimony