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STATUTES
RCW 46.61.5055 Alcohol Violators Penalty Schedule
(1) A person who is convicted of a violation of RCW 46.61.502 or
46.61.504 and who has no prior offense within seven years shall be
punished as follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal
to take a test offered pursuant to RCW 46.20.308 there is no test
result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one day nor more than
one year. Twenty-four consecutive hours of the imprisonment may
not be suspended or deferred unless the court finds that the
imposition of this mandatory minimum sentence would impose a
substantial risk to the offender's physical or mental
well-being. Whenever the mandatory minimum sentence is suspended
or deferred, the court shall state in writing the reason for
granting the suspension or deferral and the facts upon which the
suspension or deferral is based. In lieu of the mandatory
minimum term of imprisonment required under this subsection (1)(a)(i),
the court may order not less than fifteen days of electronic
home monitoring. The offender shall pay the cost of electronic
home monitoring. The county or municipality in which the penalty
is being imposed shall determine the cost. The court may also
require the offender's electronic home monitoring device to
include an alcohol detection breathalyzer, and the court may
restrict the amount of alcohol the offender may consume during
the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars
nor more than five thousand dollars. Three hundred fifty dollars
of the fine may not be suspended or deferred unless the court
finds the offender to be indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than two days nor more than
one year. Two consecutive days of the imprisonment may not be
suspended or deferred unless the court finds that the imposition
of this mandatory minimum sentence would impose a substantial
risk to the offender's physical or mental well-being. Whenever
the mandatory minimum sentence is suspended or deferred, the
court shall state in writing the reason for granting the
suspension or deferral and the facts upon which the suspension
or deferral is based. In lieu of the mandatory minimum term of
imprisonment required under this subsection (1)(b)(i), the court
may order not less than thirty days of electronic home
monitoring. The offender shall pay the cost of electronic home
monitoring. The county or municipality in which the penalty is
being imposed shall determine the cost. The court may also
require the offender's electronic home monitoring device to
include an alcohol detection breathalyzer, and the court may
restrict the amount of alcohol the offender may consume during
the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor more
than five thousand dollars. Five hundred dollars of the fine may
not be suspended or deferred unless the court finds the offender
to be indigent.
(2) A person who is convicted of a violation of RCW 46.61.502 or
46.61.504 and who has one prior offense within seven years shall be
punished as follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal
to take a test offered pursuant to RCW 46.20.308 there is no test
result indicating the person's alcohol concentration:
(i) By imprisonment for not less than thirty days nor more
than one year and sixty days of electronic home monitoring. The
offender shall pay for the cost of the electronic monitoring.
The county or municipality where the penalty is being imposed
shall determine the cost. The court may also require the
offender's electronic home monitoring device include an alcohol
detection breathalyzer, and may restrict the amount of alcohol
the offender may consume during the time the offender is on
electronic home monitoring. Thirty days of imprisonment and
sixty days of electronic home monitoring may not be suspended or
deferred unless the court finds that the imposition of this
mandatory minimum sentence would impose a substantial risk to
the offender's physical or mental well-being. Whenever the
mandatory minimum sentence is suspended or deferred, the court
shall state in writing the reason for granting the suspension or
deferral and the facts upon which the suspension or deferral is
based; and
(ii) By a fine of not less than five hundred dollars nor more
than five thousand dollars. Five hundred dollars of the fine may
not be suspended or deferred unless the court finds the offender
to be indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than forty-five days nor
more than one year and ninety days of electronic home
monitoring. The offender shall pay for the cost of the
electronic monitoring. The county or municipality where the
penalty is being imposed shall determine the cost. The court may
also require the offender's electronic home monitoring device
include an alcohol detection breathalyzer, and may restrict the
amount of alcohol the offender may consume during the time the
offender is on electronic home monitoring. Forty-five days of
imprisonment and ninety days of electronic home monitoring may
not be suspended or deferred unless the court finds that the
imposition of this mandatory minimum sentence would impose a
substantial risk to the offender's physical or mental
well-being. Whenever the mandatory minimum sentence is suspended
or deferred, the court shall state in writing the reason for
granting the suspension or deferral and the facts upon which the
suspension or deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars
nor more than five thousand dollars. Seven hundred fifty dollars
of the fine may not be suspended or deferred unless the court
finds the offender to be indigent.
(3) A person who is convicted of a violation of RCW 46.61.502 or
46.61.504 and who has two or more prior offenses within seven years
shall be punished as follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal
to take a test offered pursuant to RCW 46.20.308 there is no test
result indicating the person's alcohol concentration:
(i) By imprisonment for not less than ninety days nor more
than one year and one hundred twenty days of electronic home
monitoring. The offender shall pay for the cost of the
electronic monitoring. The county or municipality where the
penalty is being imposed shall determine the cost. The court may
also require the offender's electronic home monitoring device
include an alcohol detection breathalyzer, and may restrict the
amount of alcohol the offender may consume during the time the
offender is on electronic home monitoring. Ninety days of
imprisonment and one hundred twenty days of electronic home
monitoring may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence
would impose a substantial risk to the offender's physical or
mental well-being. Whenever the mandatory minimum sentence is
suspended or deferred, the court shall state in writing the
reason for granting the suspension or deferral and the facts
upon which the suspension or deferral is based; and
(ii) By a fine of not less than one thousand dollars nor more
than five thousand dollars. One thousand dollars of the fine may
not be suspended or deferred unless the court finds the offender
to be indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than one hundred twenty days
nor more than one year and one hundred fifty days of electronic
home monitoring. The offender shall pay for the cost of the
electronic monitoring. The county or municipality where the
penalty is being imposed shall determine the cost. The court may
also require the offender's electronic home monitoring device
include an alcohol detection breathalyzer, and may restrict the
amount of alcohol the offender may consume during the time the
offender is on electronic home monitoring. One hundred twenty
days of imprisonment and one hundred fifty days of electronic
home monitoring may not be suspended or deferred unless the
court finds that the imposition of this mandatory minimum
sentence would impose a substantial risk to the offender's
physical or mental well-being. Whenever the mandatory minimum
sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than one thousand five hundred
dollars nor more than five thousand dollars. One thousand five
hundred dollars of the fine may not be suspended or deferred
unless the court finds the offender to be indigent.
(4) If a person who is convicted of a violation of RCW 46.61.502 or
46.61.504 committed the offense while a passenger under the age of
sixteen was in the vehicle, the court shall:
(a) In any case in which the installation and use of an interlock
or other device is not mandatory under RCW 46.20.720 or other law,
order the use of such a device for not less than sixty days
following the restoration of the person's license, permit, or
nonresident driving privileges; and
(b) In any case in which the installation and use of such a
device is otherwise mandatory, order the use of such a device for an
additional sixty days.
(5) In exercising its discretion in setting penalties within the
limits allowed by this section, the court shall particularly consider
the following:
(a) Whether the person's driving at the time of the offense was
responsible for injury or damage to another or another's property;
and
(b) Whether at the time of the offense the person was driving or
in physical control of a vehicle with one or more passengers.
(6) An offender punishable under this section is subject to the
alcohol assessment and treatment provisions of RCW 46.61.5056.
(7) The license, permit, or nonresident privilege of a person
convicted of driving or being in physical control of a motor vehicle
while under the influence of intoxicating liquor or drugs must:
(a) If the person's alcohol concentration was less than 0.15, or
if for reasons other than the person's refusal to take a test
offered under RCW 46.20.308 there is no test result indicating the
person's alcohol concentration:
(i) Where there has been no prior offense within seven years,
be suspended or denied by the department for ninety days;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for two years; or
(iii) Where there have been two or more prior offenses within
seven years, be revoked or denied by the department for three
years;
(b) If the person's alcohol concentration was at least 0.15:
(i) Where there has been no prior offense within seven years,
be revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for nine hundred
days; or
(iii) Where there have been two or more prior offenses within
seven years, be revoked or denied by the department for four
years; or
(c) If by reason of the person's refusal to take a test offered
under RCW 46.20.308, there is no test result indicating the person's
alcohol concentration:
(i) Where there have been no prior offenses within seven
years, be revoked or denied by the department for two years;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for three years;
or
(iii) Where there have been two or more previous offenses
within seven years, be revoked or denied by the department for
four years.
The department shall grant credit on a day-for-day basis for any
portion of a suspension, revocation, or denial already served under this
subsection for a suspension, revocation, or denial imposed under RCW
46.20.3101 arising out of the same incident.
For purposes of this subsection (7), the department shall refer to
the driver's record maintained under RCW 46.52.120 when determining the
existence of prior offenses.
(8) After expiration of any period of suspension, revocation, or
denial of the offender's license, permit, or privilege to drive required
by this section, the department shall place the offender's driving
privilege in probationary status pursuant to RCW 46.20.355.
(9)(a) In addition to any nonsuspendable and nondeferrable jail
sentence required by this section, whenever the court imposes less than
one year in jail, the court shall also suspend but shall not defer a
period of confinement for a period not exceeding five years. The court
shall impose conditions of probation that include: (i) Not driving a
motor vehicle within this state without a valid license to drive and
proof of financial responsibility for the future; (ii) not driving a
motor vehicle within this state while having an alcohol concentration of
0.08 or more within two hours after driving; and (iii) not refusing to
submit to a test of his or her breath or blood to determine alcohol
concentration upon request of a law enforcement officer who has
reasonable grounds to believe the person was driving or was in actual
physical control of a motor vehicle within this state while under the
influence of intoxicating liquor. The court may impose conditions of
probation that include nonrepetition, installation of an ignition
interlock device on the probationer's motor vehicle, alcohol or drug
treatment, supervised probation, or other conditions that may be
appropriate. The sentence may be imposed in whole or in part upon
violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i),
(ii), or (iii) of this subsection, the court shall order the convicted
person to be confined for thirty days, which shall not be suspended or
deferred.
(c) For each incident involving a violation of a mandatory condition
of probation imposed under this subsection, the license, permit, or
privilege to drive of the person shall be suspended by the court for
thirty days or, if such license, permit, or privilege to drive already
is suspended, revoked, or denied at the time the finding of probation
violation is made, the suspension, revocation, or denial then in effect
shall be extended by thirty days. The court shall notify the department
of any suspension, revocation, or denial or any extension of a
suspension, revocation, or denial imposed under this subsection.
(10) A court may waive the electronic home monitoring requirements of
this chapter when:
(a) The offender does not have a dwelling, telephone service, or
any other necessity to operate an electronic home monitoring system;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the
offender would violate the conditions of the electronic home
monitoring penalty.
Whenever the mandatory minimum term of electronic home monitoring is
waived, the court shall state in writing the reason for granting the
waiver and the facts upon which the waiver is based, and shall impose an
alternative sentence with similar punitive consequences. The alternative
sentence may include, but is not limited to, additional jail time, work
crew, or work camp.
Whenever the combination of jail time and electronic home monitoring
or alternative sentence would exceed three hundred sixty-five days, the
offender shall serve the jail portion of the sentence first, and the
electronic home monitoring or alternative portion of the sentence shall
be reduced so that the combination does not exceed three hundred
sixty-five days.
(11) An offender serving a sentence under this section, whether or
not a mandatory minimum term has expired, may be granted an
extraordinary medical placement by the jail administrator subject to the
standards and limitations set forth in RCW 9.94A.728(4).
(12) For purposes of this section:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an
equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an
equivalent local ordinance;
(iii) A conviction for a violation of RCW 46.61.520 committed
while under the influence of intoxicating liquor or any drug;
(iv) A conviction for a violation of RCW 46.61.522 committed
while under the influence of intoxicating liquor or any drug;
(v) A conviction for a violation of RCW 46.61.5249,
46.61.500, or 9A.36.050 or an equivalent local ordinance, if the
conviction is the result of a charge that was originally filed
as a violation of RCW 46.61.502 or 46.61.504, or an equivalent
local ordinance, or of RCW 46.61.520 or 46.61.522;
(vi) An out-of-state conviction for a violation that would
have been a violation of (a)(i), (ii), (iii), (iv), or (v) of
this subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW granted
in a prosecution for a violation of RCW 46.61.502, 46.61.504, or
an equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW granted
in a prosecution for a violation of RCW 46.61.5249, or an
equivalent local ordinance, if the charge under which the
deferred prosecution was granted was originally filed as a
violation of RCW 46.61.502 or 46.61.504, or an equivalent local
ordinance, or of RCW 46.61.520 or 46.61.522; and
(b) "Within seven years" means that the arrest for a prior
offense occurred within seven years of the arrest for the current
offense.
[2004 c 95 § 13; 2003 c 103 § 1. Prior: 1999 c 324 § 5; 1999 c 274 §
6; 1999 c 5 § 1; prior: 1998 c 215 § 1; 1998 c 214 §1; 1998 c 211 § 1;
1998 c 210 § 4; 1998 c 207 § 1; 1998 c 206 § 1; prior: 1997 c 229 § 11;
1997 c 66 § 14; 1996 c 307 § 3; 1995 1st sp.s. c 17 § 2; 1995 c 332 §
5.]
NOTES:
- Severability -- 1999 c 5: "If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1999 c 5 § 2.]
- Effective date -- 1999 c 5: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public
institutions, and takes effect immediately [March 16, 1999]." [1999
c 5 § 3.]
- Effective date -- 1998 c 214: "This act takes effect January 1,
1999." [1998 c 214 § 6.]
- Effective date -- 1998 c 211: "This act takes effect January 1,
1999." [1998 c 211 § 7.]
- Short title -- Finding -- Intent -- Effective date--1998 c 210:
See notes following RCW 46.20.720.
- Effective date -- 1998 c 207: "This act takes effect January 1,
1999." [1998 c 207 § 12.]
- Effective date -- 1997 c 229: See note following RCW 10.05.090.
- Effective date -- 1995 1st sp.s. c 17: See note following RCW
46.20.355.
- Severability -- Effective dates -- 1995 c 332: See notes
following RCW 46.20.308.
Statutes
- RCW 46.61.502
- RCW 46.61.504
- RCW 46.20.308
- RCW 46.20.720
- RCW 46.61.5056
- RCW 46.61.5249
- RCW 46.61.500
Cases: None
Rulings: None
Issues: None
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