SENATE BILL REPORT
SB 6359
BYSenators Nelson, Madsen, Patrick, Sellar, Patterson and Thorsness; by request of Governor
Providing for quick resolution of the revocation, suspension, or denial of driving privileges.
Senate Committee on Law & Justice
Senate Hearing Date(s):January 23, 1990
Senate Staff:Dick Armstrong (786-7460)
AS OF JANUARY 22, 1990
BACKGROUND:
A person who is arrested for DWI and who has a breath/blood alcohol reading of 0.10 or greater can lose their driving privilege for various periods of time (depending on prior convictions) if the person is found guilty in a court of law. However, because of court congestion and prosecutor workloads, the cases against some DWI defendants are often delayed, dismissed or pleaded down to lesser offenses.
Studies have shown that swift and certain license suspension is one of the most effective deterrents to drunk driving. To accomplish this goal 28 states and the District of Columbia provide for an "administrative per se" process for the loss of a license. It is estimated that enactment of an administrative per se act will save about 26 lives and prevent over 1000 alcohol-related traffic injuries in Washington each year.
SUMMARY:
The Department of Licensing (DOL) is authorized to administratively suspend or revoke the driving privileges of any person arrested for DWI who has a breath/blood alcohol reading of 0.10 or greater.
A law enforcement officer must have reasonable grounds to believe the driver was operating a motor vehicle while under the influence of alcohol. The officer must warn the driver that the driving privilege will be revoked or denied if he/she refuses the test or that the driving privilege will be suspended, revoked or denied if the test is administrated and the reading is .10 or greater.
If the test is refused or failed the officer must confiscate the driver's license and issue a temporary license that is effective 12 hours after the time of arrest, and is valid for 30 days from the date of the arrest. The officer mast provide the driver with information on his/her right to request a hearing to contest the suspension or revocation.
Upon receipt of the report indicating the driver refused the test, DOL is to issue a revocation. The first refusal in five years is a one-year revocation. A second or subsequent refusal in five years is a two-year revocation. The revocation is effective 30 days from the date of the arrest.
Upon receipt of the sworn report indicating the driver submitted to the test and the result of the test was .10 or more, DOL shall suspend, revoke or deny the person's driving privilege. The suspension will be for 90 days on a first offense, one year on a second offense, and two years on a third offense, to become effective 30 days from the date of arrest.
If the driver wants to contest the suspension or revocation, the person must submit in writing a request for a hearing within five days of the date of arrest. Upon receipt of the request for the hearing DOL is to set a hearing date. The hearing is to be held in the county of arrest within 30 days of the date of arrest. If the suspension or revocation is sustained at the hearing the driver has the right to file an appeal to the superior court in the county of arrest. The appeal does not stay the effective date of the suspension or revocation.
The legislation authorizes two studies to be conducted by the Washington Traffic Safety Commission. The first study is to determine the effectiveness of deferred prosecution as it relates to alcoholism. The second study is to review the effectiveness of the act.
License reinstatement fees are increased from $50 to $100 and occupational license fee are increased from $25 to $50 to fund the new license suspension procedure.
Appropriation: none
Revenue: yes
Fiscal Note: none requested
Effective Date:The act generally is effective July 1, 1991. Sections governing increased fees are effective upon passage of the act.