House Bill 2362 (2026) amends multiple existing Washington statutes to lower the per se blood alcohol concentration for certain driving offenses from 0.08 to 0.05 and to establish a per se THC concentration of 5.00 (specified in the bill as nanograms per milliliter of whole blood in the testing provisions). The bill modifies criminal and administrative DUI provisions (including RCW 46.61.502, 46.61.504, 46.61.506, 46.20.308, 46.20.3101, 46.25.090 and others), preserves gross misdemeanor classifications with felony enhancements for repeat or qualifying priors, and amends procedural rules for testing, admissibility, and affirmative defenses. It changes evidentiary and testing standards (two-hour measurement window, breath expressed as grams per 210 liters, state-toxicologist-approved methods and operator permits, 15-minute observation and instrument calibration/blank/sample requirements) and lists who may lawfully draw blood for testing. The bill also revises penalties and sentencing procedures: it updates mandatory minimum terms, creates alternative minimums using electronic home monitoring or 24/7 sobriety program participation (with specified minimum day counts), requires ignition interlock and alcohol-detection monitoring in many cases, imposes additional penalties when passengers under 16 are present, clarifies license suspension/revocation durations and credit for prior time served, strengthens commercial driver disqualification rules (including grade crossing offenses), and adds vessel operation intoxication provisions. It adds requirements for notices, administrative hearing timelines and fees, appellate review standards, a public information campaign by the Washington Traffic Safety Commission, and a two-year evaluation by the Washington State Institute for Public Policy. Some text and penalty details are incomplete or missing from the extracted material (for example, the amended text of RCW 46.61.506 in full and specific language in RCW 46.61.5055 regarding first-offender sentencing are not included), and in several places the specific “department” named by statute is not identified in the provided extracts. Sections generally take effect July 1, 2026, with some later or expiring dates noted in the bill.

If enacted, the bill lowers the per se blood alcohol threshold from 0.08 to 0.05 and sets a per se THC threshold at 5.00 nanograms per milliliter of whole blood, which will likely increase the number of drivers who face arrest, administrative license suspensions, and criminal penalties; more people will be routed into ignition interlock requirements, electronic home monitoring or 24/7 sobriety programs, mandatory fines, and substance use assessments. Offenders will generally bear the costs of monitoring and interlock devices (with counties setting EHM costs), courts will need to impose and document new mandatory minimums or approved alternatives and manage added probation conditions, and the Department of Licensing will see more notice, hearing, and record-processing workload including stricter timelines and day-for-day credit rules. The groups most affected are ordinary drivers (especially repeat offenders and drivers under 21), commercial drivers (who face new disqualification rules and grade-crossing penalties), law enforcement and prosecutors (stricter testing, warning, and evidentiary protocols), courts and licensing staff (more hearings, findings, and administrative actions), and providers of monitoring, treatment, and testing services who will see increased demand. The state toxicologist and specified medical professionals gain responsibilities for approving testing methods and certifying testers. Important implementation details are missing from the provided excerpts—notably some first-offense penalty text in RCW 46.61.5055 and full cross-references to several subsections and the specific named “department” in places—so the exact scope and timing of certain penalties and administrative burdens remain uncertain.