AN
ACT Relating to penalties for alcohol violators; reenacting and amending RCW
46.61.5055; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.61.5055 and 1997 c 229 s 11 and 1997 c 66 s 14 are each reenacted and
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 revocation of the offender's license or permit to drive, or suspension of
any nonresident privilege to drive, for a period of one 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:
(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 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
(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 revocation of the offender's license or permit to drive, or suspension of
any nonresident privilege to drive, for a period of 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
(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 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 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:
(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 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 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
(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 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 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 the following:
(a)
Whether the person's driving at the time of the offense was responsible for
injury or damage to another or another's property; and
(b)
Whether the person was driving or in physical control of a vehicle with one or
more passengers at the time of the offense.
(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 46.61.5249 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 46.61.5249, 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 46.61.504, 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.
