6165‑S AMS ROSS GORR 002

SSB 6165 - S AMD ‑ 630

    BySenators Rossi, Kline, Roach and Fairley

                                                   ADOPTED 2/12/98

    Beginning on page 1, line 5, strike all of section 1 and insert the following:

    "Sec. 1.  RCW 46.20.720 and 1997 c 229 s 8 are each amended to read as follows:

(1) The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device.

(2) If a person is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, the court shall order that after a period of suspension, revocation, or denial of driving privileges, the person may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device.

(3) The court shall establish a specific calibration setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction.  In the case of a person under subsection (2) of this section, the period of time of the restriction will be as follows:

(a) For a person subject to RCW 46.61.5055 (1)(b), (2), or (3) who has not previously been restricted under this section, a period of not less than one year;

(b) For a person who has previously been restricted under (a) of this subsection, a period of not less than five years;

(c) For a person who has previously been restricted under (b) of this subsection, a permanent, lifetime restriction.

    For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW."

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EFFECT: Current law allows a court the discretionary authority to require an interlock device if the offender is convicted of an alcohol related driving offense.  The bill makes the interlock mandatory for DUI offenses, and this amendment maintains the court's discretionary authority to require the device for other alcohol related driving offenses.