AN ACT Relating to driving while under the influence of liquor or drugs; amending RCW 10.05.090, 10.05.140, 46.20.3101, 46.20.380, 46.20.391, 46.20.394, 46.20.400, 46.20.720, 46.20.730, 46.20.740, 46.61.5055, and 46.61.5056; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.04 RCW; recodifying RCW 46.20.730; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 10.05.090 and 1994 c 275 s 18 are each amended to read as follows:

If a petitioner, who has been accepted for a deferred prosecution, fails or neglects to carry out and fulfill any term or condition of the petitioner's treatment plan or any term or condition imposed in connection with the installation of an interlock or other device under RCW 46.20.720, the facility, center, institution, or agency administering the treatment or the entity administering the use of the device, shall immediately report such breach to the court, the prosecutor, and the petitioner or petitioner's attorney of record, together with its recommendation. The court upon receiving such a report shall hold a hearing to determine whether the petitioner should be removed from the deferred prosecution program. At the hearing, evidence shall be taken of the petitioner's alleged failure to comply with the treatment plan or device installation and the petitioner shall have the right to present evidence on his or her own behalf. The court shall either order that the petitioner continue on the treatment plan or be removed from deferred prosecution. If removed from deferred prosecution, the court shall enter judgment pursuant to RCW 10.05.020 and, if the charge for which the deferred prosecution was granted was a misdemeanor or gross misdemeanor under Title 46 RCW, shall notify the department of licensing of the removal and entry of judgment.

Sec. 2. RCW 10.05.140 and 1991 c 247 s 1 are each amended to read as follows:

As a condition of granting a deferred prosecution petition, the court shall order that the petitioner shall not operate a motor vehicle upon the public highways without a valid operator's license and proof of liability insurance. The amount of liability insurance shall be established by the court at not less than that established by RCW 46.29.490. As a condition of granting a deferred prosecution petition, the court may also order the installation of an interlock or other device under RCW 46.20.720. As a condition of granting a deferred prosecution petition, the court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160. The court may terminate the deferred prosecution program upon violation of this section.

Sec. 3. RCW 46.20.3101 and 1995 c 332 s 3 are each amended to read as follows:

Pursuant to RCW 46.20.308, the department shall suspend, revoke, or deny the arrested person's license, permit, or privilege to drive as follows:

(1) In the case of a person who has refused a test or tests:

(a) For a first refusal within five years, where there has not been a previous incident within five years that resulted in administrative action under this section, revocation or denial for ((~~one year~~)) five hundred forty days;

(b) For a second ((~~or subsequent~~)) refusal within five years, or for a first refusal where there has been one or more previous incidents within five years that have resulted in administrative action under this section, revocation or denial for ((~~two~~)) three years or until the person reaches age twenty-one, whichever is longer. A revocation imposed under this subsection (1)(b) shall run consecutively to the period of any suspension, revocation, or denial imposed pursuant to a criminal conviction arising out of the same incident;

(c) For a third or subsequent refusal within five years, or for a second refusal where there has been two or more previous incidents within five years that have resulted in administrative action under this section, revocation or denial for four years or until the person reaches age twenty-one, whichever is longer. A revocation imposed under this subsection (1)(c) runs consecutively to the period of any suspension, revocation, or denial imposed under a criminal conviction arising out of the same incident.

(2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.10 or more:

(a) For a first incident within five years, where there has not been a previous incident within five years that resulted in administrative action under this section, placement in probationary status as provided in RCW 46.20.355;

(b) For a second or subsequent incident within five years, revocation or denial for two years.

(3) In the case of an incident where a person under age twenty-one has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.02 or more:

(a) For a first incident within five years, suspension or denial for ninety days;

(b) For a second or subsequent incident within five years, revocation or denial for one year or until the person reaches age twenty-one, whichever is longer.

(4) Ninety days after revocation or denial under subsection (1)(a) or (2)(b) of this section, or one year after revocation or denial under subsection (1)(b) or (c) of this section, the person whose license or privilege has been revoked or denied may apply to the department for issuance of a temporary restricted license under RCW 46.20.391 with the requirement that the person have an ignition interlock or other biological or technical device installed on his or her vehicle and operate no other motor vehicle for the remainder of the term of revocation or denial. A temporary restricted license granted as the result of an application under this section extends through the period of any suspension, revocation, or denial imposed under a criminal conviction arising out of the same incident.

Sec. 4. RCW 46.20.380 and 1985 ex.s. c 1 s 6 are each amended to read as follows:

No person may file an application for ((~~an occupational~~)) a temporary restricted driver's license as provided in RCW 46.20.391 unless he or she first pays to the director or other person authorized to accept applications and fees for driver's licenses a fee of twenty-five dollars. The applicant shall receive upon payment an official receipt for the payment of such fee. All such fees shall be forwarded to the director who shall transmit such fees to the state treasurer in the same manner as other driver's license fees.

Sec. 5. RCW 46.20.391 and 1995 c 332 s 12 are each amended to read as follows:

(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, or any person authorized to apply under RCW 46.20.3101, may submit to the department an application for ((~~an occupational~~)) a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is ((~~engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle~~)) eligible to receive the license under subsection (3) of this section, may issue ((~~an occupational~~)) a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, ((~~an occupational~~)) a temporary restricted driver's license that is effective during the first:

(a) Thirty days of any suspension ((~~or revocation~~)) imposed ((~~for a violation of RCW 46.61.502 or 46.61.504~~)) under RCW 46.61.5055(1)(a);

(b) Thirty days of a revocation imposed under RCW 46.61.5055(1)(b);

(d) One year of a revocation imposed under RCW 46.61.5055 (2) or (3) or 46.20.3101(1) (b) or (c).

A petitioner under (b), (c), or (d) of this subsection must also agree to have an ignition interlock or other biological or technical device installed on his or her vehicle and operate no other motor vehicle during the term of revocation. A temporary restricted license issued after a suspension or revocation under RCW 46.61.5055 or 46.20.3101 extends through the entire period of any concurrent or consecutive suspensions or revocations that may be imposed as the result of both administrative action and criminal conviction arising out of the same incident.

(2) A person aggrieved by the decision of the department on the application for ((~~an occupational~~)) a temporary restricted driver's license may request a hearing as provided by rule of the department.

((~~(2)~~)) (3) An applicant for ((~~an occupational~~)) a temporary restricted driver's license is eligible to receive such license only if:

(a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and

(b) Within five years immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed ((~~any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii)~~)) vehicular homicide under RCW 46.61.520((;)) or ((~~(iii)~~)) vehicular assault under RCW 46.61.522; and

(c) The applicant meets at least one of the following qualifying circumstances: (i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; (ii) is undergoing continuing health care or providing continuing health care to another who is dependent upon the applicant; (iii) is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion; (iv) is undergoing substance abuse treatment; or (v) is fulfilling court-ordered community service responsibilities; and

(d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.

((~~(3)~~)) (4) The director shall cancel ((~~an occupational~~)) a temporary restricted driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.

Sec. 6. RCW 46.20.394 and 1983 c 165 s 26 are each amended to read as follows:

In issuing ((~~an occupational~~)) a temporary restricted driver's license under RCW 46.20.391, the department shall describe the ((~~type of occupation permitted~~)) qualifying circumstances and shall set forth in detail the specific hours of the day during which the person may drive to and from his ((~~place of work~~)) or her home, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the ((~~occupational~~)) temporary restricted driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor.

Sec. 7. RCW 46.20.400 and 1967 c 32 s 33 are each amended to read as follows:

If ((~~an occupational~~)) a temporary restricted driver's license is issued and is not revoked during the period for which issued the licensee may obtain a new driver's license at the end of such period, but no new driver's ((~~permit shall~~)) license may be issued to such person until he or she surrenders his ((~~occupational~~)) or her temporary restricted driver's license and his or her copy of the order and the director is satisfied that he or she complies with all other provisions of law relative to the issuance of a driver's license.

Sec. 8. RCW 46.20.720 and 1994 c 275 s 22 are each amended to read as follows:

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 ((to)) may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device((~~, and the restriction shall be for a period of not less than six months~~)).

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.

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.

Sec. 9. RCW 46.20.730 and 1994 c 275 s 23 are each amended to read as follows:

((~~For the purposes of RCW 46.20.720, 46.20.740, and 46.20.750,~~)) "Ignition interlock device" means breath alcohol ((~~analyzed~~)) analyzing ignition equipment, certified by the state ((~~commission on equipment~~)) patrol, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage, and "other biological or technical device" means any device meeting the standards of the National Highway Traffic Safety Administration or the state ((~~commission on equipment~~)) patrol, designed to prevent the operation of a motor vehicle by a person who is impaired by alcohol or drugs. The ((~~commission~~)) state patrol shall by rule provide standards for the certification, installation, repair, and removal of the devices.

Sec. 10. RCW 46.20.740 and 1994 c 275 s 24 are each amended to read as follows:

(1) The department shall attach or imprint a notation on the driver's license of any person restricted under RCW 46.20.720 stating that the person may operate only a motor vehicle equipped with an ignition interlock or other biological or technical device.

(2) It is a misdemeanor for a person with such a notation on his or her driver's license to operate a motor vehicle that is not so equipped.

Sec. 11. RCW 46.61.5055 and 1996 c 307 s 3 are each amended to read as follows:

(1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within five 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; 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; and

(iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; 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; 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; and

(iii) By ((~~suspension~~)) revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one ((~~hundred twenty days~~)) year. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.

(2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within five years shall be punished as follows:

(i) By imprisonment for not less than thirty days nor more than one year. Thirty 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; and

(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ((~~one~~)) two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

(i) By imprisonment for not less than forty-five days nor more than one year. Forty-five 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; 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; and

(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ((~~four hundred fifty~~)) nine hundred days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

(3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows:

(i) By imprisonment for not less than ninety days nor more than one year. Ninety 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; 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; and

(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ((~~two~~)) three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

(i) By imprisonment for not less than one hundred twenty days nor more than one year. One hundred twenty 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; 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; and

(iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ((~~three~~)) four years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

(4) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

(5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

(6) After expiration of any period of suspension or revocation 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.

(7)(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 two 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 or other biological or technical 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) and (ii) or (a)(i) and (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.

(8)(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 46.61.525(1) 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 46.61.525(1), 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 ((~~46.61.502~~)) 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

(b) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense.

Sec. 12. RCW 46.61.5056 and 1995 c 332 s 14 are each amended to read as follows:

(1) A person subject to alcohol assessment and treatment under RCW 46.61.5055 shall be required by the court to complete a course in an alcohol information school approved by the department of social and health services or to complete more intensive treatment in a program approved by the department of social and health services, as determined by the court. The court shall notify the department of licensing whenever it orders a person to complete a course or treatment program under this section.

(2) A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. The agency shall consider and make a recommendation concerning installation of an ignition interlock or other biological or technical device on the offender's motor vehicle. A copy of the report shall be forwarded to the department of licensing. Based on the diagnostic evaluation, the court shall determine (a) whether the person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services and (b) whether the person must have an ignition interlock or other biological or technical device installed on his or her vehicle.

(3) Standards for approval for alcohol treatment programs shall be prescribed by the department of social and health services. The department of social and health services shall periodically review the costs of alcohol information schools and treatment programs.

(4) Any agency that provides treatment ordered under RCW 46.61.5055, shall immediately report to the appropriate probation department where applicable, otherwise to the court, and to the department of licensing any noncompliance by a person with the conditions of his or her ordered treatment. The court shall notify the department of licensing and the department of social and health services of any failure by an agency to so report noncompliance. Any agency with knowledge of noncompliance that fails to so report shall be fined two hundred fifty dollars by the department of social and health services. Upon three such failures by an agency within one year, the department of social and health services shall revoke the agency's approval under this section.

(5) The department of licensing and the department of social and health services may adopt such rules as are necessary to carry out this section.

Sec. 13. RCW 46.63.020 and 1996 c 307 s 6, 1996 c 287 s 7, 1996 c 93 s 3, 1996 c 87 s 21, and 1996 c 31 s 3 are each reenacted and amended to read as follows:

Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

(2) RCW 46.09.130 relating to operation of nonhighway vehicles;

(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit‑forming drugs or in a manner endangering the person of another;

(4) RCW 46.10.130 relating to the operation of snowmobiles;

(5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;

(6) RCW 46.16.010 relating to initial registration of motor vehicles;

(7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

(8) RCW 46.16.160 relating to vehicle trip permits;

(9) RCW 46.16.381 (6) or (9) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking;

(10) RCW 46.20.021 relating to driving without a valid driver's license, unless the person cited for the violation provided the citing officer with an expired driver's license or other valid identifying documentation under RCW 46.20.035 at the time of the stop and was not in violation of RCW 46.20.342(1) or 46.20.420, in which case the violation is an infraction;

(11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;

(12) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

(13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

(14) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

(15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

(16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;

(17) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

((~~(17)~~)) (18) RCW 46.25.170 relating to commercial driver's licenses;

((~~(18)~~)) (19) Chapter 46.29 RCW relating to financial responsibility;

((~~(19)~~)) (20) RCW 46.30.040 relating to providing false evidence of financial responsibility;

((~~(20)~~)) (21) RCW 46.37.435 relating to wrongful installation of sunscreening material;

((~~(21)~~)) (22) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

((~~(22)~~)) (23) RCW 46.48.175 relating to the transportation of dangerous articles;

((~~(23)~~)) (24) RCW 46.52.010 relating to duty on striking an unattended car or other property;

((~~(24)~~)) (25) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

((~~(25)~~)) (26) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

((~~(26)~~)) (27) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

((~~(27)~~)) (28) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

((~~(28)~~)) (29) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

((~~(29)~~)) (30) RCW 46.55.035 relating to prohibited practices by tow truck operators;

((~~(30)~~)) (31) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

((~~(31)~~)) (32) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

((~~(32)~~)) (33) (RCW 46.61.022 relating to failure to stop and give identification to an officer;

((~~(33)~~)) (34) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

((~~(34)~~)) (35) RCW 46.61.500 relating to reckless driving;

((~~(35)~~)) (36) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

((~~(36)~~)) (37) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;

((~~(37)~~)) (38) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

((~~(38)~~)) (39) RCW 46.61.522 relating to vehicular assault;

((~~(39)~~)) (40) RCW 46.61.525(1) relating to first degree negligent driving;

((~~(40)~~)) (41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

((~~(41)~~)) (42) RCW 46.61.530 relating to racing of vehicles on highways;

((~~(42)~~)) (43) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

((~~(43)~~)) (44) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

((~~(44)~~)) (45) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

((~~(45)~~)) (46) Chapter 46.65 RCW relating to habitual traffic offenders;

((~~(46)~~)) (47) RCW 46.68.010 relating to false statements made to obtain a refund;

((~~(47)~~)) (48) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

((~~(48)~~)) (49) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

((~~(49)~~)) (50) RCW 46.72A.060 relating to limousine carrier insurance;

((~~(50)~~)) (51) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;

((~~(51)~~)) (52) RCW 46.72A.080 relating to false advertising by a limousine carrier;

((~~(52)~~)) (53) Chapter 46.80 RCW relating to motor vehicle wreckers;

((~~(53)~~)) (54) Chapter 46.82 RCW relating to driver's training schools;

((~~(54)~~)) (55) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

((~~(55)~~)) (56) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

NEW SECTION. Sec. 14. RCW 46.20.730, as amended by this act, is recodified as a section in chapter 46.04 RCW.

NEW SECTION. Sec. 15. This act takes effect January 1, 1998.