HOUSE BILL REPORT

                  HB 1141

             As Reported By House Committee On:

                          Judiciary

Title:  An act relating to driving under the influence of intoxicating liquor or drugs.

Brief Description:  Increasing the penalty for driving under the influence of intoxicating liquor or drugs.

Sponsors:  Representatives Riley, King, Romero, Campbell, Brough, Kessler, Long, Basich, R. Meyers, Karahalios, Silver and Locke.

Brief History:

  Reported by House Committee on:

Judiciary, March 3, 1993, DPS.

HOUSE COMMITTEE ON JUDICIARY

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 16 members:  Representatives Appelwick, Chair; Ludwig, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Forner; Johanson; Long; Mastin; H. Myers; Riley; Schmidt; Scott; Tate; and Wineberry.

Minority Report:  Do not pass.  Signed by 1 member:  Representative Locke.

Staff:  Bill Perry (786-7123).

Background:  The crime of driving while intoxicated (DWI) is a gross misdemeanor with a maximum penalty of one year in jail and a $2,000 fine.  Mandatory minimum criminal penalties plus alcohol assessment, schooling, or treatment requirements, and the loss of driving privileges also apply.  These penalties escalate with successive convictions.

For a first conviction, the mandatory minimum penalty is one day in jail and a $250 fine.  For a second conviction within five years, the mandatory minimum is seven days in jail and a $500 fine, except that if at the time of the second offense, the driver was without a license because of a previous offense, the minimum penalty is 90 days in jail and a $200 fine.  The mandatory minimum periods of incarceration may not be suspended unless there is a showing that imprisonment would impose a risk to the defendant's physical or mental well being.

For a first conviction, the driver's license is suspended for 90 days or until age 19, whichever is longer.  For a second conviction within five years, the license is revoked for one year.  For a third conviction within five years, the license is revoked for two years.

Summary of Substitute Bill:  The mandatory minimum incarceration penalties for DWI are changed.  For a first conviction, the defendant may be sentenced 40 hours of community service in lieu of one day in jail.  Failure to complete that service results in a mandatory minimum three days in jail.  The mandatory minimum period of incarceration for a second conviction within five years is increased from seven days to 30 days.

Substitute Bill Compared to Original Bill:  The original bill would have changed the mandatory minimum incarceration for a first offense to three days.

Fiscal Note:  Not requested.

Effective Date of Substitute Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  None.

Witnesses:  Judge Robert McBeth, Washington State District and Municipal Court Judges Association; and Kurt Sharar, Washington State Association of Counties.