HOUSE BILL ANALYSIS

                 ESSB 6408

Title:  An act relating to penalties for alcohol violators.

Brief Description:  Increasing penalties for alcohol violators who commit the offense with a person under the age of ten in the motor vehicle.

Sponsors:  Senate Committee on Law & Justice (originally sponsored by Senators McCaslin, Kline, Long, Fairley, Stevens, Hargrove, Zarelli, Johnson, Thibaudeau, Haugen, Schow, Roach and Oke).

HOUSE COMMITTEE ON LAW & JUSTICE

Staff:  Bill Perry (786-7123).

Background:  Mandatory minimum penalties for the crime of driving while under the influence of alcohol (DUI) vary according to a number of factors.  These factors include the number of prior convictions, the level of the driver's breath or blood alcohol concentration (BAC), and whether or not the driver submitted to a breathalyzer test.  These penalties include jail time, fines, and loss of driving privileges. 

The crime of DUI is a gross misdemeanor with a maximum penalty of one year in jail and a fine of $5,000.  The mandatory minimum jail sentences range from one day in jail for a first-time offender with a low BAC, to 120 days in jail for a third-time offender with a high BAC.

Summary of Bill:  An additional factor is provided for enhancing mandatory minimum jail sentences for DUI.  A driver who commits DUI while driving with a passenger who is under the age of 10, will receive twice the otherwise applicable mandatory minimum jail sentence.

Fiscal Note:  Requested February 19, 1998.

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

                 Office of Program Research