(1)(a) The department shall not suspend a driver's
license or privilege to drive a motor vehicle on the public
highways for a fixed period of more than one year, except as
specifically permitted under RCW 46.20.267, 46.20.342, or other
provision of law.
(b) Except for a suspension under RCW 46.20.267, 46.20.289,
46.20.291(5), 46.61.740, or 74.20A.320, whenever the license or
driving privilege of any person is suspended by reason of a
conviction, a finding that a traffic infraction has been
committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect
until the person gives and thereafter maintains proof of
financial responsibility for the future as provided in chapter 46.29 RCW.
(c) If the suspension is the result of a nonfelony violation
of RCW 46.61.502 or 46.61.504, the department shall determine the
person's eligibility for licensing based upon the reports
provided by the alcoholism agency or probation department
designated under RCW 46.61.5056 and shall deny reinstatement
until enrollment and participation in an approved program has
been established and the person is otherwise qualified. If the
suspension is the result of a violation of RCW 46.61.502(6) or46.61.504
(6), the department shall determine the person's
eligibility for licensing based upon the reports provided by the
alcohol or drug dependency agency required under RCW 46.61.524
and shall deny reinstatement until satisfactory progress in an
approved program has been established and the person is otherwise
qualified. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, and the person is required pursuant to
RCW 46.20.720 to drive only a motor vehicle equipped with a
functioning ignition interlock, the department shall determine
the person's eligibility for licensing based upon written
verification by a company doing business in the state that it has
installed the required device on a vehicle owned or operated by
the person seeking reinstatement. If, based upon notification
from the interlock provider or otherwise, the department
determines that an interlock required under RCW 46.20.720 is no
longer installed or functioning as required, the department shall
suspend the person's license or privilege to drive. Whenever the
license or driving privilege of any person is suspended or
revoked as a result of noncompliance with an ignition interlock
requirement, the suspension shall remain in effect until the
person provides notice issued by a company doing business in the
state that a vehicle owned or operated by the person is equipped
with a functioning ignition interlock device.
(d) Whenever the license or driving privilege of any person
is suspended as a result of certification of noncompliance with a
child support order under chapter 74.20A RCW or a residential or
visitation order, the suspension shall remain in effect until the
person provides a release issued by the department of social and
health services stating that the person is in compliance with the
order.
(e)(i) The department shall not issue to the person a new,
duplicate, or renewal license until the person pays a reissue fee
of seventy-five dollars.
(ii) If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action
under RCW 46.20.308, the reissue fee shall be one hundred fifty
dollars.
(2)(a) Any person whose license or privilege to drive a
motor vehicle on the public highways has been revoked, unless the
revocation was for a cause which has been removed, is not
entitled to have the license or privilege renewed or restored
until: (i) After the expiration of one year from the date the
license or privilege to drive was revoked; (ii) after the
expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the expiration of two years
for persons convicted of vehicular homicide; or (iv) after the
expiration of the applicable revocation period provided by RCW 46.20.265.
(b)(i) After the expiration of the appropriate period, the
person may make application for a new license as provided by law
together with a reissue fee in the amount of seventy-five
dollars.
(ii) If the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one
hundred fifty dollars. If the revocation is the result of a
nonfelony violation of RCW 46.61.502 or 46.61.504, the department
shall determine the person's eligibility for licensing based upon
the reports provided by the alcoholism agency or probation
department designated under RCW 46.61.5056 and shall deny
reissuance of a license, permit, or privilege to drive until
enrollment and participation in an approved program has been
established and the person is otherwise qualified. If the
suspension is the result of a violation of RCW 46.61.502(6) or46.61.504
(6), the department shall determine the person's
eligibility for licensing based upon the reports provided by the
alcohol or drug dependency agency required under RCW 46.61.524
and shall deny reinstatement until satisfactory progress in an
approved program has been established and the person is otherwise
qualified. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, and the person is required pursuant to
RCW 46.20.720 to drive only a motor vehicle equipped with a
functioning ignition interlock or other biological or technical
device, the department shall determine the person's eligibility
for licensing based upon written verification by a company doing
business in the state that it has installed the required device
on a vehicle owned or operated by the person applying for a new
license. If, following issuance of a new license, the department
determines, based upon notification from the interlock provider
or otherwise, that an interlock required under RCW 46.20.720 is
no longer functioning, the department shall suspend the person's
license or privilege to drive until the department has received
written verification from an interlock provider that a
functioning interlock is installed.
(c) Except for a revocation under RCW 46.20.265, the
department shall not then issue a new license unless it is
satisfied after investigation of the driving ability of the
person that it will be safe to grant the privilege of driving a
motor vehicle on the public highways, and until the person gives
and thereafter maintains proof of financial responsibility for
the future as provided in chapter 46.29 RCW. For a revocation
under RCW 46.20.265, the department shall not issue a new license
unless it is satisfied after investigation of the driving ability
of the person that it will be safe to grant that person the
privilege of driving a motor vehicle on the public highways.
(3)(a) Whenever the driver's license of any person is
suspended pursuant to Article IV of the nonresident violators
compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the
department shall not issue to the person any new or renewal
license until the person pays a reissue fee of seventy-five
dollars.
(b) If the suspension is the result of a violation of the
laws of this or any other state, province, or other jurisdiction
involving (i) the operation or physical control of a motor
vehicle upon the public highways while under the influence of
intoxicating liquor or drugs, or (ii) the refusal to submit to a
chemical test of the driver's blood alcohol content, the reissue
fee shall be one hundred fifty dollars.
[2006 c 73 § 15; 2005 c 314 § 308; 2004 c 95 § 3; 2003 c 366 § 2; 2001 c 325 § 2; 2000 c 115 § 7; 1998 c 212 § 1; 1997 c 58 § 807; 1995 c 332 § 11; 1994 c 275 § 27; 1993 c 501 § 5; 1990 c 250 § 45; 1988 c 148 § 9. Prior: 1985 c 407 § 4; 1985 c 211 § 1; 1984 c 258 § 325; 1983 c 165 § 18; 1983 c 165 § 17; 1982 c 212 § 5; 1981 c 91 § 1; 1979 ex.s. c 136 § 60; 1973 1st ex.s. c 36 § 1; 1969 c 1 § 2 (Initiative Measure No. 242, approved November 5, 1968); 1967 c 167 § 5; 1965 ex.s. c 121 § 27.]
NOTES:
Effective date -- 2006 c 73: See note following RCW 46.61.502.
Effective date -- 2005 c 314 §§ 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law -- 2005 c 314: See note following RCW 46.17.010.
Finding -- 2000 c 115: See note following RCW 46.20.075.
Effective date -- 2000 c 115 §§ 1-10: See note following RCW 46.20.075.
Short title -- Part headings, captions, table of contents not law -- Exemptions and waivers from federal law--Conflict with federal requirements -- Severability -- 1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates -- Intent -- 1997 c 58: See notes following RCW 74.20A.320.
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.
Severability -- 1990 c 250: See note following RCW 46.16.301.
Legislative finding -- Severability -- 1988 c 148: See notes following RCW 13.40.265.
Effective dates -- 1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title -- 1984 c 258: See notes following RCW 3.30.010.
Intent -- 1984 c 258: See note following RCW 3.34.130.
Legislative finding, intent -- Effective dates -- Severability -- 1983 c 165: See notes following RCW 46.20.308.
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability, implied consent law -- 1969 c 1: See RCW 46.20.911.