SB 5664
In CommitteeSenate
Impaired driving
Concerning impaired driving.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill lowers Washington’s legal blood alcohol concentration (BAC) limit for driving from 0.08 to 0.05 to align with international standards and reduce traffic fatalities. It also updates related laws for THC limits, repeat offender penalties, and administrative license actions, while preserving existing civil liability for alcohol vendors and requiring a public education campaign and impact evaluation.
- Lower the legal blood alcohol concentration (BAC) limit for driving from 0.08 to 0.05 for all drivers age 21 and over.
- Maintain the existing 5.00 nanograms per milliliter THC limit for cannabis impairment, and keep the 0.02 BAC limit for drivers under age 21.
- Add an affirmative defense allowing defendants to prove they consumed alcohol or cannabis *after* driving — but only if they notify prosecutors before trial and prove it by a preponderance of evidence.
- Strengthen penalties for repeat offenders, including longer jail time, extended license suspensions (up to 4 years for repeat offenses), and longer mandatory ignition interlock requirements (up to 4 years).
- Require the Washington Traffic Safety Commission to launch a public education campaign in multiple languages and include outreach to hospitality businesses about safe alternatives to impaired driving.
Who is affected
- Drivers — Drivers who consume alcohol or cannabis and operate vehicles — the bill lowers the legal alcohol limit from 0.08 to 0.05 and maintains the 5.00 THC limit, making it easier to be charged with impaired driving at lower levels of impairment.
- People who consume substances before driving — People who consume alcohol or cannabis and later drive — the bill adds an affirmative defense allowing them to argue they consumed substances *after* driving, but only if they notify the prosecution in advance and prove it by a preponderance of evidence.
- Commercial drivers — Commercial drivers — the bill updates the legal alcohol and THC limits for commercial vehicle operation to match the new 0.05 alcohol and 5.00 THC thresholds, and maintains existing stricter federal standards (e.g., 0.04 for commercial drivers).
- Repeat offenders — People with prior impaired driving convictions — the bill tightens sentencing enhancements for repeat offenders, including longer license suspensions, increased jail time, and longer mandatory ignition interlock requirements.
- Hospitality and alcohol-serving businesses — Hospitality businesses (e.g., bars, restaurants, breweries, wineries, distilleries) — the bill requires a public education campaign that includes outreach to these businesses and evaluates their economic impact, but explicitly preserves existing civil liability laws that hold them responsible for serving visibly impaired patrons.
Pro/Con Analysis
Potential Benefits (5)
Lowering the BAC limit to 0.05 is strongly associated with reduced alcohol-related traffic fatalities — studies cited in the bill show an average 11% annual reduction in fatalities in jurisdictions that adopted this standard, directly improving road safety for all Washingtonians, especially vulnerable road users like pedestrians and cyclists.
Public SafetyPeopleRef: Sec. 1(3); Sec. 2(1)(a); Sec. 13(a)Strengthened penalties for repeat offenders — including longer jail time, extended license revocations (up to 4 years), and longer ignition interlock requirements — are likely to reduce recidivism and prevent repeat offenses, protecting the broader public from high-risk drivers.
Public SafetyPeopleRef: Sec. 2(6)(a)(iv); Sec. 2(9)(c)(ii)(C); Sec. 7(2)(b)The requirement for multilingual outreach and equity-focused evaluation ensures that safety messaging reaches non-English-speaking communities and assesses disproportionate impacts on overburdened communities — promoting fair and inclusive implementation of the law.
Public SafetyPeopleRef: Sec. 11 (multilingual campaign); Sec. 13 (equity evaluation)The explicit preservation of existing civil liability laws for alcohol vendors ensures that injured parties can still hold negligent servers accountable — reinforcing accountability and deterrence in the hospitality sector without weakening legal remedies.
Rights & LibertiesPeopleRef: Sec. 12 (preservation of civil liability); Sec. 6(2)(a)(iii)The affirmative defense for post-driving consumption provides a narrow but important safeguard against wrongful convictions — allowing defendants to prove they consumed alcohol *after* driving, which aligns with due process and prevents punishment for sober driving.
Rights & LibertiesPeopleRef: Sec. 2(3)(a); Sec. 3(3)(a)
Potential Concerns (5)
Lowering the BAC limit from 0.08 to 0.05 may increase the number of people charged with DUI, including those who consumed alcohol the night before and are well below previous impairment thresholds — potentially leading to more arrests, court appearances, and license suspensions for non-impaired drivers. This could strain court and law enforcement resources and disproportionately impact low-income individuals who cannot afford legal representation or interlock devices.
Public SafetyPeopleRef: Sec. 2(1)(a); Sec. 3(1)(a); Sec. 5(1); Sec. 6(2)(a)(i); Sec. 7(2)(a)The affirmative defense for post-driving consumption places a significant burden on defendants to prove by a preponderance of evidence — including timing, quantity, and notification to prosecutors — that they drank *after* driving. This procedural hurdle may unfairly disadvantage low-income or less-educated defendants who lack resources to gather evidence or hire experts, effectively shifting the burden of proof away from the prosecution.
Rights & LibertiesPeopleRef: Sec. 2(3)(a); Sec. 3(3)(a); Sec. 6(7)Extended license suspensions (up to 4 years for repeat offenses) and mandatory ignition interlocks may severely restrict mobility for low- and middle-income workers in areas with limited public transit, potentially causing job loss, missed medical appointments, or inability to transport children — especially in rural or suburban Washington where car dependence is high.
TransportationPeopleRef: Sec. 2(9)(c); Sec. 7(2)(b); Sec. 5664 Summary (license suspension up to 4 years)While the bill preserves civil liability protections for hospitality businesses, the public education campaign and mandatory evaluation may impose administrative costs on small bars, breweries, and wineries without compensating revenue — particularly burdensome for micro-businesses with limited staff or compliance capacity.
Business & EmploymentLean peopleRef: Sec. 11 (hospitality outreach requirement); Sec. 13 (economic impact evaluation)The bill requires counties and municipalities to implement and fund administrative license actions (e.g., hearings, electronic monitoring, 24/7 sobriety programs), with costs potentially passed to offenders — but many counties lack funding or infrastructure for expanded monitoring, risking delays, backlogs, or inconsistent enforcement across jurisdictions.
Local GovernmentLean peopleRef: Sec. 13 (WSIPP evaluation); Sec. 11 (campaign costs)
Who Is Most Affected
Low- and moderate-income drivers — especially those in rural or transit-poor areas — face the highest risk of job loss, mobility loss, and financial hardship due to license suspensions, interlock requirements, and monitoring fees. Repeat offenders in this group face disproportionate long-term consequences.
Repeat DUI offenders face significantly harsher penalties — including longer jail time, extended license revocations (up to 4 years), and mandatory interlock use — increasing recidivism barriers but also risking long-term economic instability and family disruption.
Hospitality businesses (bars, breweries, wineries) face no change to civil liability but must absorb costs of outreach and compliance with education campaigns — though the bill explicitly preserves their legal protections, reducing liability risk.
Rural and suburban commuters with limited transit access may face severe mobility constraints due to license suspensions, increasing risks of job loss, missed healthcare, and reduced economic opportunity — especially for single-earner households.
Vulnerable road users (pedestrians, cyclists, motorcyclists) benefit significantly from reduced impaired driving, as the bill’s primary goal is to lower fatal crash rates — with strong evidence supporting improved public safety outcomes.