RCW 46.61.5055
Alcohol violators -- Penalty schedule.
(1)
Except as provided in RCW 46.61.502(6) or 46.61.504(6), 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) Except as provided in RCW 46.61.502(6) or 46.61.504(6),
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) Except as provided in RCW 46.61.502(6) or 46.61.504(6),
a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or three 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) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has four or more prior offenses
within ten years, or who has ever previously been convicted of a
violation of RCW 46.61.520 committed while under the influence of
intoxicating liquor or any drug or RCW 46.61.522 committed while
under the influence of intoxicating liquor or any drug, shall be
punished in accordance with chapter 9.94A RCW.
(5) 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.
(6) 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.
(7) An offender punishable under this section is subject to
the alcohol assessment and treatment provisions of RCW 46.61.5056.
(8) 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 (8), the department shall
refer to the driver's record maintained under RCW 46.52.120 when
determining the existence of prior offenses.
(9) 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.
(10)(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.
(11) 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.
(12) 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).
(13) For purposes of this section and RCW 46.61.502 and 46.61.504:
(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;
(b) "Within seven years" means that the arrest for a prior
offense occurred within seven years of the arrest for the current
offense; and
(c) "Within ten years" means that the arrest for a prior
offense occurred within ten years of the arrest for the current
offense.
[2007 c 474 § 1; 2006 c 73 § 3; 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:
Effective date -- 2007 c 474: "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 July 1, 2007." [2007 c 474 § 2.]
Effective date -- 2006 c 73: See note following RCW 46.61.502.
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.