Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
Judiciary Committee | |
SSB 5644
Title: An act relating to driver's license suspensions.
Brief Description: Extending the stay on driver's license suspensions pending entry of a deferred prosecution.
Sponsors: Senators Kline, Roach, Benton, Esser, Prentice, Shin, McAuliffe, Haugen, Fairley, Hargrove and Rasmussen.
Brief Summary of Substitute Bill |
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Hearing Date:
Staff: Bill Perry (786-7123).
Background:
Under the Implied Consent Law, a driver must submit to a test of his or her blood or breath
alcohol content (BAC) if he or she is arrested for driving while under the influence of
intoxicating liquor (DUI). One of the ways the crime of DUI is committed is by having a BAC
above the so-called "per se" limit. That is to say, if a person has a BAC above the per se limit, he
or she is guilty of DUI with or without proof of intoxication or impairment. The BAC is
measured in grams of alcohol per 210 liters of breath or per 100 milliliters of blood. For persons
age 21 or over, the per se limit is 0.08. For persons under age 21, the per se limit is 0.02.
Either a refusal or a failure of the BAC test will lead to an administrative suspension or
revocation of the person's driver's license by the Department of Licensing (DOL). Either refusal
or failure may, but need not, lead to criminal prosecution.
A person charged with DUI may seek a deferred prosecution. In order to be eligible for a
deferred prosecution, a person must:
If the court grants a deferred prosecution the person will be ordered to undergo treatment in a two year program. A court may impose additional conditions on a deferred prosecution, including but not limited to requiring:
In order to have the pending charges dismissed, the person must show proof not only that he or
she has successfully completed the required two-year treatment program, but also that he or she
has complied with any other conditions imposed by the court.
Failure in the treatment program or violation of the conditions of the deferral results in
conviction on the charges against the person.
If a person is facing administrative suspension or revocation of his or her license for failure of the
BAC test (but not for refusal of the test), and the person petitions a court for a deferred
prosecution, the court may stay the DOL suspension or revocation of his or her license for up to
90 days.
Summary of Substitute Bill:
Changes are made with respect to the stay of an administrative license suspension or revocation
for a person who has been charged with DUI and is seeking a deferred prosecution.
If a person who has failed a BAC test petitions for a deferred prosecution or notifies the DOL of
his or her intent to petition for a deferred prosecution, the DOL must stay any administrative
suspension or revocation of the person's license. The stay will be for the shorter of 150 days after
criminal charges are filed, or two years after the arrest.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.