SENATE BILL REPORT

                  ESB 6142

              As Passed Senate, February 12, 1998

Title:  An act relating to administrative license suspension for first‑time violators of laws against driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug.

Brief Description:  Imposing administrative license suspensions on first‑time DUI offenders.

Sponsors:  Senators Kline, Roach, Patterson, Fairley, Swecker, T. Sheldon, Goings, Rasmussen, Oke and Benton.

Brief History:

Committee Activity:  Law & Justice: 1/13/98, 1/15/98 [DP].

Passed Senate, 2/12/98, 40-8.

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Kline, McCaslin and Stevens.

Staff:  Lidia Mori (786-7755)

Background:  Administrative license suspension or revocation is authorized under current statute for violation of the laws pertaining to driving under the influence of alcohol or drugs (DUI).  The administrative sanction for a first DUI does not involve suspension or revocation of the driver=s license.  Instead, the sanction is placement of the offender=s driver=s license in probationary status for five years.  For a second or subsequent DUI within five years, the administrative sanction is revocation of the driver=s license for two years.

Summary of Bill:  A person=s driver=s license is administratively suspended for 90 days for a first violation of the laws pertaining to driving under the influence of alcohol or drugs.

A person who had his or her license administratively suspended for a first violation of DUI may submit an application for an occupational driver=s license to the Department of Licensing.

Appropriation:  None.

Fiscal Note:  Requested.

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

Testimony For:  This bill, coupled with the bill that lowers the illegal per se intoxication level to .08, is the punch of the DUI package.  If a first-time DUI offender=s license is taken away, there will be much less incentive to go to court.  It sends an immediate message to a person that drinks and drives.

Testimony Against:  None.

Testified:  Russ Hauge, WAPA (pro); Don Lennon, MADD (pro); John Moffat, WA Traffic Safety Commission (pro); Mark Sidran, Seattle City Attorneys Office (pro); Dick Van Wagenen, Governor=s Office (pro).

House Amendment(s):  A null and void clause is added.  The effective date is changed to January 1, 1999.