WSR 13-23-028
RULES OF COURT
STATE SUPREME COURT
[November 6, 2013]
IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CrRLJ 4.2(g)—STATEMENT OF DEFENDANT ON PLEA OF GUILTY AND DUI ATTACHMENT AND WASHINGTON STATE MISDEMEANOR DUI SENTENCING ATTACHMENT and CrRLJ 4.2(i)—PETITION FOR DEFERRED PROSECUTION AND PETITION FOR DEFERRED PROSECUTION OF CRIMINAL MISTREATMENT CHARGE
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ORDER
NO. 25700-A-1045
The Pattern Forms Committee having recommended the adoption of the proposed amendment to CrRLJ 4.2(g)—Statement of Defendant on Plea of Guilty and DUI Attachment and Washington State Misdemeanor DUI Sentencing Attachment and CrRLJ 4.2(i)—Petition for Deferred Prosecution and Petition for Deferred Prosecution of Criminal Mistreatment Charge, and the Court having determined that the proposed amendment will aid in the prompt and orderly administration of justice and further determined the need for expedited adoption;
Now, therefore, it is hereby
ORDERED:
(a) That the amendment as shown below is adopted.
(b) That the amendment will be published expeditiously and become effective upon publication.
DATED at Olympia, Washington this 6th day of November, 2013.
 
 
Madsen, C.J.
C. Johnson, J.
 
Stephens, J.
Owens, J.
 
Wiggins, J.
Fairhurst, J.
 
 
J. M. Johnson, J.
 
Gordon McCloud, J.
 
Court of Washington
for
 
 
———— 
Plaintiff,   
vs.
 
———— 
Defendant.   
No.
Statement of Defendant on Plea of Guilty
1. My true name is ___________________________.
2. My age is ___________________.
3. I went through the ___________________ grade.
4. I Have Been Informed and Fully Understand that:
(a) I have the right to representation by a lawyer and that if I cannot afford to pay for a lawyer, one will be provided at no expense to me.
(b) I am charged with:
Count         Crime
RCW or Ordinance (with subsection)
1.
 
 
2.
 
 
3.
 
 
4.
 
 
[ ] In count(s) _________, the defendant committed the offense against another family or household member as defined in RCW 10.99.020.
The elements are:
[ ] as set out in the charging document.
[ ] as follows: _____
_____ 
_____ 
_____ 
_____.
5. I Understand That I Have the Following Important Rights, and I Give Them All Up by Pleading Guilty:
(a) The right to a speedy and public trial by an impartial jury in the county where the crime is alleged to have been committed;
(b) The right to remain silent before and during trial, and the right to refuse to testify against myself;
(c) The right at trial to hear and question the witnesses who testify against me;
(d) The right at trial to testify and to have witnesses testify for me. These witnesses can be made to appear at no expense to me;
(e) I am presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty;
(f) The right to appeal a finding of guilt after a trial.
6. In Considering the Consequences of my Guilty Plea, I Understand That:
(a) The crime with which I am charged carries a maximum sentence of ______ days in jail and a $________ fine.
(b) The prosecuting authority will make the following recommendation to the judge:
_____ 
_____ 
_____.
(c) The judge does not have to follow anyone's recommendation as to sentence. The judge can give me any sentence up to the maximum authorized by law no matter what the prosecuting authority or anyone else recommends.
(d) The judge may place me on probation for up to five (5) years if I am sentenced for a domestic violence offense or under RCW 46.61.5055, or up to two (2) years for all other offenses and impose conditions of probation. If the court orders me to appear at a hearing regarding my compliance with probation and I fail to attend the hearing, the term of probation will be tolled until I appear before the court on the record.
(e) The judge may require me to pay costs, fees and assessments authorized by law. The judge may also order me to make restitution to any victims who lost money or property as a result of crimes I committed. The maximum amount of restitution is double the amount of the loss of all victims or double the amount of my gain.
(f) If I am not a citizen of the United States, a plea of guilty to an offense punishable as a crime under state law may be grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.
Notification Relating to Specific Crimes: If any of the Following Paragraphs Apply, the Box Should Be Checked and the Paragraph Initialed by the Defendant.
[ ] (g) The crime of ___________________ has a mandatory minimum sentence of _____________________ days in jail and $____________ fine plus costs and assessments. The law does not allow any reduction of this sentence.
[ ] (h) The crime of prostitution, indecent exposure, permitting prostitution and patronizing a prostitute has a mandatory assessment of $____________. The court may reduce up to two-thirds of this assessment if the court finds that I am not able to pay the assessment. RCW 9A.88.120.
[ ] (i) If this crime involves patronizing a prostitute, a condition of my sentence will be that I not be subsequently arrested for patronizing a prostitute or commercial sexual abuse of a minor. The court will impose crime-related geographical restrictions on me, unless the court finds they are not feasible The court will impose crime-related geographic restrictions on me if feasible. If this is my first offense, the court will order me to attend a program designed to educate me about the negative costs of prostitution.
[ ] (ij) If this crime involves a sexual offense, prostitution, or a drug offense associated with hypodermic needles, I will be required to undergo testing for the human immunodeficiency (HIV/AIDS) virus.
[ ] (jk) This plea of guilty will result in suspension or revocation of my driving license or privilege by the Department of Licensing for a minimum period of _________, or longer based upon my record of conviction. This period may not include suspension or revocation based on other matters.
[ ] (kl) I may not possess, own, or have under my control any firearm, and under federal law any firearm or ammunition, unless my right to do so is restored by the court of record that ordered the prohibition on possession of a firearm or the superior court in Washington State where I live, and by a federal court if required. I must immediately surrender any concealed pistol license.
[ ] (lm) If this crime involves a violation of Title 77 RCW, the Department of Fish and Wildlife may, and in some cases shall, suspend or revoke my privileges under Fish and Wildlife licensing.
[ ] (mn) If this crime involves a drug offense, my eligibility for state and federal education benefits will be affected. 20 U.S.C. § 1091(r).
[ ] (no) This plea of guilty is considered a conviction under RCW 46.25.010 and I will be disqualified from driving a commercial motor vehicle. RCW 46.25.090. I am required to notify the Department of Licensing and my employer of this guilty plea within 30 days after the judge signs this document. RCW 46.25.030.
[ ] (op) If this case involves driving while under the influence of alcohol and/or being in actual physical control of a vehicle while under the influence of alcohol and/or drugs, I have been informed and understand that I will be subject to:
[ ] the penalties described in the "DUI" Attachment or the "Washington State Misdemeanor DUI Sentencing Attachment."
OR
[ ] these penalties: The mandatory minimum sentence of ______________ days in jail, _______________ days of electronic home monitoring and $_____________ monetary penalty. The court shall require me to apply for an ignition interlock driver's license and to drive only with a functioning ignition interlock device or, if the court waives those requirements, to submit to alcohol monitoring, for ____ year(s). I may also be required to drive only motor vehicles equipped with an ignition interlock device as imposed by the Department of Licensing and/or the court. My driving privilege will be suspended or revoked by the Department of Licensing for the period of time stated in paragraph 6(j). In lieu of the minimum jail term, the judge may order me to serve _________ days in electronic home monitoring. If I do not have a dwelling, telephone service, or any other necessity to operate electronic home monitoring, if I live out of state, or if the judge determines I would violate the terms of electronic home monitoring, the judge may waive electronic home monitoring and impose an alternative sentence which may include additional jail time, work crew or work camp.
[ ] these penalties: Mandatory minimum sentence:
•
_________________ days in jail.
•
_________________ days of electronic home monitoring.
•
$ _______________ monetary penalty.
•
Effective January 1, 2014, if I have 2 or 3 prior offenses, a 6-month period of 24/7 sobriety program monitoring, if available.
•
Comply with the rules and requirements of the Department of Licensing regarding the installation and use of a functioning ignition interlock device on all motor vehicles that I operate.
•
The Department of Licensing will suspend or revoke my driving privilege for the period of time stated in paragraph 6(k).
If I have prior offense(s):
•
the judge may order me to submit to an expanded alcohol assessment and comply with treatment deemed appropriate by that assessment.
•
instead of mandatory electronic home monitoring, the judge may order me to serve additional jail time. Effective January 1, 2014, if I have 1 prior offense, instead of additional jail time, the judge may order a 6-month period of 24/7 sobriety program monitory.
Instead of the minimum jail term, the judge may order me to serve ___________________ days in electronic home monitoring.
If the judge orders me to refrain from consuming any alcohol, the judge may order me to submit to alcohol monitoring. I shall be required to pay for the monitoring unless the judge specifies that the cost will be paid with funds from another source.
The judge may waive electronic home monitoring or order me to obtain an alcohol monitoring device with wireless reporting technology, if that device is reasonably available, iIf I do not have a dwelling, telephone service, or any other necessity to operate electronic home monitoring. The judge may waive electronic home monitoring if I live out of state, or if the judge determines I would violate the terms of electronic home monitoring. If the judge waives, the judge may waive electronic home monitoring, and impose an he or she will impose an alternative sentence which may include use of an ignition interlock device, additional jail time, work crew, or work camp, or, beginning January 1, 2014, 24/7 sobriety program monitoring.
I understand that the 24/7 sobriety program is a 24 hour and 7 days a week sobriety program which requires tests of my blood, breath, urine or other bodily substances to find out if I have alcohol, marijuana, or any controlled substance in my body. I will be required to pay the fees and costs for the program.
[ ] (pq) If this case involves reckless driving and the original charge was driving while under the influence of alcohol and/or being in actual physical control of a vehicle while under the influence of alcohol and/or drugs and I have one or more prior offenses, as defined in RCW 46.61.5055(14), within 7 years; or if the original charge was vehicular homicide (RCW 46.61.520) or vehicular assault (RCW 46.61.522) committed while under the influence of intoxicating liquor or any drug, I have been informed and understand that I will be subject to the penalties for Reckless Driving described in the "DUI" Attachment or the "Washington State Misdemeanor DUI Sentencing Attachment."
[ ] (qr) If this case involves negligent driving in the first degree, and I have one or more prior offenses, as defined in RCW 46.61.5055(14), within 7 years, I have been informed and understand that I will be subject to the penalties for Negligent Driving − 1st Degree described in the "DUI" Attachment or the "Washington State Misdemeanor DUI Sentencing Attachment."
[ ] (rs) If this crime involves sexual misconduct with a minor in the second degree, communication with a minor for immoral purposes, or attempt, solicitation or conspiracy to commit a sex offense, or a kidnapping offense involving a minor, as defined in RCW 9A.44.128, I will be required to register with the county sheriff as described in the "Offender Registration" Attachment.
[ ] (st) Pursuant to RCW 43.43.754, if this crime is an offense which requires sex or kidnapping offender registration, or is one of the following offenses: assault in the fourth degree with sexual motivation, communication with a minor for immoral purposes, custodial sexual misconduct in the second degree, failure to register, harassment, patronizing a prostitute, sexual misconduct with a minor in the second degree, stalking, or violation of a sexual assault protection order granted under chapter 7.90 RCW, I will be required to have a biological sample collected for purposes of DNA identification analysis, unless it is established that the Washington State Patrol crime laboratory already has a sample from me for a qualifying offense.
[ ] (tu) Travel Restrictions: I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if I am placed on probation for one (1) year or more and this crime involves: (i) an offense in which a person has incurred direct or threatened physical or psychological harm; (ii) an offense that involves the use or possession of a firearm; (iii) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; (iv) a sexual offense that requires the offender to register as a sex offender in the sending state. I understand that I will be required to pay an application fee with my travel or transfer request.
7. I plead guilty to the crime(s) of _______________ as charged in the complaint(s) or citation(s) and notice. I have received a copy of that complaint or citation and notice. [ ] The complaint or citation and notice was orally amended and I waive filing of a written amended complaint or citation and notice.
8. I make this plea freely and voluntarily.
9. No one has threatened harm of any kind to me or to any other person to cause me to make this plea.
10. No person has made promises of any kind to cause me to enter this plea except as set forth in this statement.
11. Statement of Facts: The judge has asked me to state in my own words what I did that makes me guilty of the crime(s). This is my statement (state the specific facts that support each element of the crime(s)):
_____ 
_____ 
_____ 
_____.
[ ] I committed this crime against a family or household member as defined in RCW 10.99.020.
[ ] Instead of making a statement, I agree that the court may review the police reports and/or a statement of probable cause supplied by the prosecution to establish a factual basis for the plea.
12. My lawyer has explained to me, and we have fully discussed, all of the above paragraphs. I understand them all. I have been given a copy of this "Statement of Defendant on Plea of Guilty." I have no further questions to ask the judge.
Date: _____
_____ 
 
Defendant
 
I have read and discussed this statement with the defendant and believe that the defendant is competent and fully understands the statement.
_____ 
_____ 
Prosecuting Authority
Defendant's Lawyer
_____ 
_____ 
Type or Print Name
WSBA No. 
Type or Print Name
WSBA No. 
The foregoing statement was signed by the defendant in open court in the presence of the defendant's lawyer and the undersigned judge. The defendant asserted that (check the appropriate box):
[ ] (a) The defendant had previously read; or
[ ] (b) The defendant's lawyer had previously read to him or her; or
[ ] (c) An interpreter had previously read to the defendant the entire statement above and that the defendant understood it in full.
Interpreter Declaration: I am a certified or registered interpreter, or have been found otherwise qualified by the court to interpret in the _________________________________ language, which the defendant understands. I have translated this document for the defendant from English into that language. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.
Signed at (city) _________________________, (state) _______________, on (date) ____________________________.
_____ 
_____ 
Interpreter
Print Name
I find the defendant's plea of guilty to be knowingly, intelligently and voluntarily made. Defendant understands the charges and the consequences of the plea. There is a factual basis for the plea. The defendant is guilty as charged.
Dated: _____
_____ 
 
Judge
Case Name _____
Cause No. _____
"DUI" Attachment: Driving under the influence of alcohol and/or actual physical control of a vehicle while under the influence of alcohol and/or drugs. (If required, attach to Statement of Defendant on Plea of Guilty.)
Court – DUI Sentencing Grid (RCW 46.61.5055 as amended by statute effective September 28, 2013, and January 1, 2014 through August 1, 2012)
BAC Result < .15 or No Test Result
No Prior Offense1
One Prior Offense1
Two or Three Prior Offenses1
Mandatory Minimum/
Maximum Jail Time2
24 Consecutive Hours/364 Days
30/364 Days
90/364 Days
If Passenger Under 16
Mandatory Jail
Additional 24 hours
Additional 5 days
Additional 10 days
EHM/Jail Alternative2
15 Days in Lieu of Jail
60 Days Mandatory/4 Days Jail Min.
120 Days Mandatory/8 Days Jail Min.
Mandatory Minimum/
Maximum Fine3
$940.50/$5,000
$1,195.50/$5,000
$2,045.50/$5,000
If Passenger Under 16
Minimum/Maximum4
$1,000/$1,000-$5,000 + assessments
$1,000/$2,000-$5,000 + assessments
$1,000/$3,000-$10,000 + assessments
Driver's License**
90-Day Suspension
2-Year Revocation
3-Year Revocation
II Driver's License*
II Device
DOL imposed
DOL imposed
DOL imposed.
If Passenger Under 16
II Device
Additional 6 Months
Additional 6 Months
Additional 6 Months
24/7 Sobriety Program2
N/A
As ordered
Mandatory
Alcohol/Drug Ed./Victim Impact or Treatment
As Ordered
As Ordered
As Ordered
Expanded alcohol assessment/treatment
N/A
As Ordered
Mandatory/treatment if
appropriate
BAC Result≥.15 or Test Refusal
No Prior Offense1
One Prior Offense1
Two or Three Prior Offenses1
Mandatory Minimum/
Maximum Jail Time2
2 Consecutive 48 Consecutive Hours/364 Days
45/364 Days
120/364 Days
If passenger under 16
Mandatory Jail
Additional 24 hours
Additional 5 days
Additional 10 days
EHM/Jail Alternative2
30 Days in Lieu of Jail
90 Days Mandatory/
6 Days Jail Min.
150 Days Mandatory/
10 Days Jail Min.
Mandatory Minimum/
Maximum Fine3
$1,195.50/$5,000
$1,620.50/$5,000
$2,895.50/$5,000
If Passenger Under 16
Minimum/Maximum4
$1,000/$1,000-$5,000 + assessments
$1,000/$2,000-$5,000 + assessments
$1,000/$3,000-$10,000 + assessments
Driver's License**
1-Year Revocation
2 Years if BAC refused
900-Days Revocation
3 Years if BAC refused
4-Year Revocation
II Driver's License*
II Device
DOL imposed
DOL imposed
DOL imposed
If Passenger Under 16
II Device
Additional 6 Months
Additional 6 Months
Additional 6 Months
24/7 Sobriety Program2
N/A
As ordered
Mandatory
Alcohol/Drug Ed./Victim Impact or Treatment
As Ordered
As Ordered
As Ordered
Expanded alcohol assessment/treatment
N/A
As Ordered
Mandatory/treatment if appropriate
* See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 5.
** Driver's license minimum suspension/revocation. DOL may impose more.
Department of Licensing Required Ignition Interlock Device Requirements,
RCW 46.20.720 (3)(4) January 1, 2011 as amended with statutes effective through January 1, 2014*
Requirement
No Previous Restriction no less than:
Previous 1-Year Restriction no less than:
Previous 5-Year Restriction no less than:
II Device
1 Year
5 Years
10 Years
Restriction effective, until IID vendor certifies to DOL that none of the following occurred within four months prior to date of release: any attempt to start the vehicle with a BAC of .04 or more unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples; failure to take or pass any required retest random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test; failure to pass any random retest with a breath alcohol concentration of 0.025 or lower unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.025, and the digital image confirms the same person provided both samples; failure of the person to appear at the IID vendor when required.
* See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 45.
1Prior Offenses: Count all prior offenses where the arrest date of the prior offense occurred within seven years before or after the arrest date on the current offense. RCW 46.61.5055 (14)(b). "Prior offense" is defined by RCW 46.61.5055 (14)(a) to include–
→
Original Convictions for the following: (1) DUI (RCW 46.61.502) (or an equivalent local ordinance); (2) Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance); (3) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence; (4) Equiv. out-of-state statute for any of the above offenses.
→
Deferred Prosecution Granted for the following: (1) DUI (RCW 46.61.502) (or equivalent local ordinance); (2) Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance); (3) Neg. Driving 1st (RCW 46.61.5249, or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522). An equivalent out-of-state deferred prosecution for DUI or Phys. Contr., including a chemical dependency treatment program. If a deferred prosecution is revoked based on a subsequent conviction for an offense listed in RCW 46.61.5055 (14)(a), the subsequent conviction shall not be treated as a prior offense of the revoked deferred prosecution for the purposes of sentencing.
→
Amended Convictions for the following: If originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522); but convicted of (1) Neg. Driving 1st (RCW 46.61.5249), (2) Reckless Driving (RCW 46.61.500), (3) Reckless Endangerment (RCW 9A.36.050), (4) Equiv. out-of-state or local ordinance for the above offenses. If originally charged with Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) committed while under the influence of intoxicating liquor or any drug; but convicted of Veh. Hom. or Veh. Assault committed in a reckless manner or with the disregard for the safety of others.
→
Deferred Sentences for the following: If originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522); but deferred sentence was imposed for (1) Neg. Driving 1st (RCW 46.61.5249), (2) Reckless Driving (RCW 46.61.500), (3) Reckless Endangerment (RCW 9A.36.050), (4) Equiv. out-of-state or local ordinance for the above offenses.
2Mandatory Jail, and Electronic Home Monitoring (EHM), and 24/7 Sobriety Program: If there are prior offenses within seven years before or after the arrest date of the current offense, the mandatory jail shall be served by imprisonment for the minimum statutory term and may not be suspended or deferred unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. The mandatory statutory term may not be converted to EHM. Bremerton v. Bradshaw, 121 Wn.App. 410, 88 P.3d 438 (Div. Two 2004). Where there are no prior offenses within seven years, the court may grant EHM instead of mandatory minimum jail. If there are prior offenses, the mandatory EHM may not be suspended or deferred unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Instead of mandatory EHM, the court may order additional jail time.
(Effective January 1, 2014) If available: Where there is one prior offense, instead of mandatory EHM or additional jail time, the court may order 6-month 24/7 sobriety program monitoring. Where there are two or three prior offenses, the court shall order 6-month 24/7 sobriety program monitoring. The 24/7 sobriety program is a 24 hour and 7 days a week sobriety program which requires tests of the defendant's blood, breath, urine or other bodily substances to find out if there is alcohol, marijuana, or any controlled substance in his/her body. The defendant will be required to pay the fees and costs for the program.
RCW 46.61.5055 (1), (2), (3). Laws of 2013, 2d Spec. Sess., ch. 35, §26.
Mandatory Conditions of Probation for any Suspended Jail Time: The individual is not to: (i) drive a motor vehicle without a valid license to drive and proof of liability insurance or other financial responsibility (SR 22), (ii) drive or be in physical control of a vehicle while having an alcohol concentration of .08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher within two hours after driving, (iii) refuse to submit to a test of his or her breath or blood to determine alcohol or drug 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 while under the influence of intoxicating liquor or drug. Except for ignition interlock driver's license and device or alcohol monitoring requirements under RCW 46.61.5055(5), violation of any mandatory condition requires a minimum penalty of 30 days' confinement, which may not be suspended or deferred, and an additional 30-day license suspension. RCW 46.61.5055(11). Courts are required to report violations of mandatory conditions requiring confinement or license suspension to DOL. RCW 46.61.5055.
3Mandatory Monetary Penalty: PSEA 1, RCW 3.62.090(1); Alcohol Violators Fee, RCW 46.61.5054; Criminal Justice Funding (CJF) Penalty, RCW 46.64.055 (Note: RCW 3.62.090 (1) and (2) apply to CJF penalty); Criminal Conviction Fee, RCW 3.62.085.
4If Passenger Under 16: The interpretation of RCW 46.61.5055(6), regarding the fines, is unsettled. Some interpret it as setting a new mandatory minimum and maximum fine, replacing a fine in RCW 46.61.5055 (1) − (3). Some interpret it as setting a fine that is in addition to one of those fines. Apply applicable assessments.
Felony DUI and Felony Physical Control: A current offense is a Class C felony punished under Ch. 9.94A RCW if the defendant has (a) four prior convictions within ten years, or (b) one prior conviction of Veh. Homicide or Veh. Assault, or (c) a prior Class C felony resulting from (a) or (b). "Within ten years" means that the arrest for the prior offense occurred within ten years before or after the arrest for the current offense. RCW 46.61.5055 (14)(c).
Jurisdiction: Court has five years jurisdiction.
Department of Licensing − DUI Administrative Sanctions and Reinstatement Provisions (As amended through August 1, 2012 September 28, 2013)
Administrative Sanctions – RCW 46.20.3101
REFUSED TEST
First Refusal Within 7 Years And No Prior Administrative Action Within Past 7 Years*
Second or Subsequent Refusal Within Past 7 Years OR First Refusal And At Least One Prior Administrative Action Within Past 7 Years*
Adult
1-Year License Revocation
2-Year License Revocation
Minor
1-Year License Revocation
2-Year License Revocation Or
Until Age 21 Whichever Is Longer
BAC RESULT
First Administrative Action
Second or Subsequent Administrative Action
Adults ≥ 0.08
90-Day License Suspension
2-Year License Revocation
Minors ≥ 0.02
90-Day License Suspension
1-Year License Revocation Or
Until Age 21 Whichever Is Longer
* Day for day credit for revocation period already served under suspension, revocation, or denial imposed under RCW 46.61.5055 and arising out of the same incident. RCW 46.20.3101(4).
Ignition Interlock Driver's License, RCW 46.20.385 (amended through August 1, 2012 September 28, 2013)
May apply for an Ignition Interlock Driver's License upon receiving RCW 46.20.308 notice or upon suspension or revocation. See "Court and Department of Licensing Ignition Interlock Requirements, page 4."
Note:
An individual convicted of DUI or physical control will have his/her driving privilege placed in probationary status for five years from the date he/she is eligible to reinstate his/her driver's license (see RCW 46.61.5055 and 46.20.355). An individual granted a deferred prosecution under RCW 10.05.060 will have his/her driving privilege placed on probationary status for five years from the date of the incident, which was the basis for the deferred prosecution (see RCW 46.20.355 and 10.05.060).
Requirements for Reinstatement of Driving Privilege
Suspended License* (RCW 46.20.311)
Revoked License* (RCW 46.20.311)
•      File and maintain proof of financial responsibility for the future with the Department of Licensing as provided in chapter 46.29 RCW (SR 22)
•      Present written verification by a company that it has installed the required ignition interlock device on a vehicle owned and/or operated by the person seeking reinstatement
•      Pay $150 driver's license reissue fee
•      Driver's ability test NOT required
•      File and maintain proof of financial responsibility for the future with the Department of Licensing as provided in chapter 46.29 RCW (SR22)
•      Present written verification by a company that it has installed the required ignition interlock device on a vehicle owned and/or operated by the person seeking reinstatement
•      Pay $150 driver's license reissue fee
•      Satisfactorily complete a driver's ability test
* If suspension or revocation is the result of a criminal conviction, the driver must also show proof of either (1) enrollment and satisfactory participation in an approved alcohol treatment program or (2) completion of an alcohol information school, as determined by the court and/or treatment agency.
Court and Department of Licensing (DOL) Ignition Interlock Requirements, RCW 46.20.380, 46.20.385
Ignition Interlock Driver's License, RCW 46.20.380, 46.20.385
Eligible to Apply
•      Conviction of violation of RCW 46.61.502, 46.61.504, or an equivalent local or out-of-state statute or ordinance, 46.61.520 (1)(a), or 46.61.522 (1)(b) involving alcohol.
•      License suspended, revoked, or denied under RCW 46.20.3101.
•      Proof of installed functioning ignition interlock device.
Requirements
•      Proof of financial responsibility (SR 22).
Financial Obligations
•      $100 mandatory fee to DOL.
•      Costs to install, remove, and lease the ignition interlock device, and $20 fee per month, unless waived.
Duration
Extends through the remaining portion of any concurrent or consecutive suspension or revocation imposed as the result of administrative action and criminal conviction arising from the same incident.
Operation with Other Requirements
The time period during which the person is licensed under RCW 46.20.385 shall apply on a day-for-day basis toward satisfying the period of time the ignition interlock device restriction is required under RCW 46.20.720.
Court Order to Comply with Rules and Requirements of DOL: The court orders the person to comply with the rules and requirements of DOL regarding the installation and use of a functioning II device on all motor vehicles operated by the person. If the court orders the person to refrain from consuming any alcohol, the court may order the person to submit to alcohol monitoring and to pay for the monitoring unless the court specifies the cost will be paid with funds available from an alternative source identified by the court. RCW 46.61.5055(5).
Court Ordered Discretionary Ignition Interlock (II) Device: The court may order discretionary II device requirements that last up to the five years jurisdictional limit of the court. The court sets the duration and calibration level. Discretionary II device restrictions begin after any applicable period of suspension, revocation, or denial of driving privileges and after any DOL mandated II device restriction. The court sets the calibration level. RCW 46.20.720(1).
Passenger Under Age 16: The Court shall order the installation and use of an II device for an additional six months.
Deferred Prosecution: For application in DUI Deferred Prosecution, see RCW 46.20.720 and RCW 10.05.140, which require II device in a deferred prosecution of any alcohol-dependency based case.
DOL Imposed Ignition Interlock (II) Device − RCW 46.20.720: For all offenses occurring June 10, 2004 or later, DOL shall require that, after any applicable period of suspension, revocation, or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning II device if the person is convicted of "an alcohol-related" violation of DUI or Physical Control. The DOL required II device is not required on vehicles owned, leased, or rented by a person's employer or on those vehicles whose care and/or maintenance is the temporary responsibility of the employer and driven at the direction of a person's employer as a requirement of employment during business hours upon proof to DOL of employment affidavit. However, the employer exemption does not apply:
A. (First conviction): for the first 30 days after the ignition interlock device has been installed.
B. (Second or subsequent conviction): for the first 365 days after the ignition interlock device has been installed.
C. wWhen the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment, the employer exemption does not apply. The person must pay a $20 fee per month in addition to costs to install, remove, and lease the ignition interlock device. DOL may waive requirement if the device is not reasonably available in the local area. DOL will give day-for-day credit as allowed by law.
Court – Reckless Driving/Negligent Driving − 1st Degree Sentencing Grid
(RCW 46.61.500, RCW 46.61.5249, RCW 46.20.720 as amended through August 1, 2012 September 28, 2013)
Reckless Driving
Conviction
Qualifications
Reckless Driving
(RCW 46.61.500 (3)(a))
•      Original charge: Violation of DUI (RCW 46.61.502) or Phys. Control (RCW 46.61.504) or equivalent local ordinance.
•      One or More Prior Offenses within 7 years as defined above.
Reckless Driving
(RCW 46.61.500 (3)(b))
•      Original charge; Violation of Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) committed while under the influence of intoxicating liquor or any drug.
Consequences
II Device
•      6 Months.
•      Restriction remains in effect, until IID vendor certifies to DOL that none of the following incidents occurred within four months before date of release: any attempt to start the vehicle with a BAC of .04 or more unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples; failure to take or pass any required retest random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test; failure to pass any random retest with a breath alcohol concentration of 0.025 or lower unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.025, and the digital image confirms the same person provided both samples; failure of the person to appear at the IID vendor when required.
•      DOL will give day-for-day credit as allowed by law.
•      Costs to install, remove, and lease the ignition interlock device, and $20 fee per month.
Maximum Jail Time
•      364 Days if convicted of reckless driving.
Maximum Fine
•      $5,000 if convicted of reckless driving.
EHM
•      As ordered.
Driver's License
•      30-day suspension.
•      DOL will give day-for-day credit as allowed by law.
II Driver's License
•      As imposed by DOL. May apply for II driver's license if original charge was violation of DUI (RCW 46.61.502) or Phys. Control (RCW 46.61.504) or equivalent local ordinance. If the Defendant is eligible to apply; but does not have a Washington driver's license, the defendant may apply for an II license. DOL may require the defendant to take a licensing examination and apply and qualify for a temporary restricted driver's license.
•      During any period of suspension, revocation or denial, a person who has obtained an II driver's license under RCW 46.20.385 may continue to drive without getting a separate temporary restricted driver's license.
Alcohol/Drug Ed./Victim Impact or Treatment
•      As ordered.
Negligent Driving – 1st Degree
Conviction
Qualifications
Negligent Driving - 1st Degree (RCW 46.61.5249)
•      One or More Prior Offenses within 7 years as defined above.
Consequences
II Device
•      6 Months.
•      Restriction remains in effect, until IID vendor certifies to DOL that none of the following incidents occurred within four months before date of release: any attempt to start the vehicle with a BAC of .04 or more unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples; failure to take or pass any required retest random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test; failure to pass any random retest with a breath alcohol concentration of 0.025 or lower unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.025, and the digital image confirms the same person provided both samples; failure of the person to appear at the IID vendor when required.
Maximum Jail Time
•      90 days if convicted of negligent driving in the 1st degree.
Maximum Fine
•      $1,000 if convicted of negligent driving in the 1st degree.
EHM
•      As ordered.
Driver's License
•      As imposed by DOL.
Alcohol/Drug Ed./Victim Impact or Treatment
•      As ordered.
The 'Washington State Misdemeanor DUI Sentencing Attachment' may be used as an alternative to the "DUI' Attachment.' This is a sample page of the automated Washington State Misdemeanor DUI Sentencing Attachment available on the Washington Courts' web page: http://www.courts.wa.gov/, under the links "Resources, Publications, and Reports" and "DUI Sentencing Grids."
WASHINGTON STATE MISDEMEANOR DUI SENTENCING ATTACHMENT
Attach to Judgment and Sentence or Statement of Defendant on Plea of Guilty
IN THE ______________________ (court) FOR ___________________________ (County)
Defendant: __________________________ Cause No. _____________________________
RELEVANT FINDINGS
FOR OFFENSES OCCURRING SEPTEMBER 28, 2013 OR LATER
Conviction: ________________________________________________________________.
□ GY Passenger Under 16 Yrs       □ Neg 1 or Reckless Driving with prior alcohol-related conviction
STATUTORY MANDATORY MINIMUMS
FINES & FEES            
SENTENCE 
Mand Min Fine (RCW 46.61.5055 (1)-(3))
$__________
 
Mand Min Jail
_______
Passenger under 16 (RCW 46.61.5055(6))
$__________
 
Mand Min EHM
_______
PSEA (70 of Base) (RCW 3.62.090(1))
$__________
 
Mand Min TOTAL
_______
Alcohol Violators Fee (RCW 46.61.5054)                  DUC
$__________
 
 
 
CJF Penalty Assessment (RCW 46.61.5054)              TPD
$__________
 
 
PSEA on Penalty (105%) (RCW 3.62.090 (1), (2))
$__________
 
Criminal Conviction Fee (RCW 3.62.085)                  CFD
$__________
 
The Court may impose
 
____ days of EHM in lieu of ____________ in jail.
TOTAL FINES, PENALTIES, & FEES           
$__________
 
DRIVER'S LICENSING CONSEQUENCES
Min Driver's Lic Susp as a result of conviction:
 
Ignition Interlock License:
 
Ignition Interlock Device:
 
 
MANDATORY CONDITIONS OF PROBATION (DUI/Phys. Control Convictions only)
The individual is not to: (i) drive a motor vehicle without a valid license and proof of liability insurance or other financial responsibility (SR 22); (ii) drive or be in physical control of a vehicle while having an alcohol concentration of .08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher within two hours after driving; (iii) refuse to submit to a test of his or her breath or blood to determine alcohol or drug concentration upon request of law enforcement who has reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drug. Except for ignition interlock device or alcohol monitoring requirements under RCW 46.61.5055(5), violation of any mandatory condition, requires a minimum penalty of 30 days' confinement, which may not be suspended or deferred, and an additional 30-day license suspension. RCW 46.61.5055(11). Courts are required to report violations of mandatory conditions requiring confinement or license suspension to DOL. RCW 46.61.5055.
___Court of Washington
For _____
 
_____ 
Plaintiff, 
vs.
_____ 
Defendant. 
No: _____
Petition for Deferred Prosecution (DPPF)
Charges: _____
Violation Date: _____
I am the defendant in this case and I petition the court for deferred prosecution under RCW Chapter 10.05. I make the following statement in support of my petition:
1. The wrongful conduct charged is the result of or caused by [ ] Alcoholism [ ] Drug Addiction [ ] Mental Problems, for which I need treatment.
2. Unless I receive treatment for my problem, the probability is great that I will offend again.
3. I agree to pay the cost of diagnosis and treatment, if I am financially able to do so, subject to RCW 10.05.130.
4. I understand that the court will not accept a petition for deferred prosecution from a person who sincerely believes that he or she is innocent of the crime(s) charged or does not suffer from alcoholism, drug addiction, or mental problems.
5. If this charge is a violation of Title 46 or similar municipal ordinance, I have not previously been placed on a deferred prosecution for a Title 46 or similar municipal ordinance violation.
6. I have filed a case history and assessment with this petition as required by RCW 10.05.020.
7. I have the following rights: (a) to have a lawyer represent me at all hearings; (b) to have a lawyer appointed at public expense if I cannot afford one; (c) to have a speedy, public jury trial; (d) to appeal any conviction; (e) to remain silent and not testify; (f) to question witnesses who testify against me; (g) to call witnesses to testify for me, at no cost; (h) to be presumed innocent unless the charge(s) against me is (are) proved beyond a reasonable doubt; and (i) to present evidence and a defense. By deferring prosecution on these charges, I give up my right to: (a) a speedy trial; (b) a jury; (c) testimony on my own behalf; an opportunity to (d) call and (e) question witnesses; and (f) present evidence or a defense.
8. I agree that the facts as reported in the attached police reports are admissible evidence and are sufficient to support a conviction. I acknowledge that the above items will be used to support a finding of guilty if the deferred prosecution is revoked.
9. If my deferred prosecution is revoked and I am found guilty, I may be sentenced up to the maximum penalty allowed by law.
10. If I proceed to trial and I am found guilty, I may be allowed to seek suspension of some or all fines and incarceration if I seek treatment. I understand that I may seek treatment from a public or private agency at any time, whether or not I have been found guilty or placed on deferred prosecution.
11. For some crimes, a deferred prosecution will enhance mandatory penalties for subsequent offenses committed within a seven-year period. I understand that a deferred prosecution will be a prior offense under RCW 46.61.5055 (driving under the influence, physical control of a vehicle under the influence, negligent driving if originally charged as driving under the influence or physical control of a vehicle under the influence, vehicular homicide, or vehicular assault).
12. If the court defers prosecution on any crime that would be a violation of state law or local ordinance relating to motor vehicle traffic control, I will be disqualified from driving a commercial motor vehicle for the period specified in RCW 46.25.090 and, if I drive a commercial motor vehicle holding a license issued by Washington State, I will be required to notify the Department of Licensing and my employer of this deferred prosecution within 30 days of the judge granting this petition. RCW 46.25.030. If the court grants this Petition, I may not operate a motor vehicle on the public highways without a valid operator's license and proof of liability insurance pursuant to RCW 46.29.490. If my wrongful conduct is the result of or caused by alcohol dependency, I shall also be required to apply for an ignition interlock driver's license and to install an ignition interlock device under RCW 46.20.720(2) and RCW 46.20.385. The required periods of use of the interlock shall be not less than the periods provided for in RCW 46.20.720(3)(a), (b) and (c). I may also be required to pay restitution to victims, pay court costs, and pay probation costs authorized by law. To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. Alcoholism programs shall require a minimum of two self-help recovery groups per week for the duration of the treatment program. The court may terminate the deferred prosecution program if I violate this paragraph.
13. If the court grants this petition, during the period of deferred prosecution I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if my wrongful conduct involves: (i) an offense in which a person has incurred direct or threatened physical or psychological harm; (ii) an offense that involves the use or possession of a firearm; (iii) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; (iv) a sexual offense that requires me to register as a sex offender in Washington state. I understand that I will be required to pay an application fee with my travel or transfer request.
14. If I fail or neglect to comply with any part of my treatment plan or with any ignition interlock driver's license or ignition interlock device requirements, then the court shall either order me to comply with the term or condition or be removed from deferred prosecution (RCW 10.05.090). After the hearing, the court will either order that I continue with treatment or be removed from deferred prosecution and enter judgment. If I am convicted of a similar offense during the deferred prosecution, the court will revoke the deferred prosecution and enter judgment.
15. The court will dismiss the charge(s) against me in this case three years from the end of the two-year treatment program and following proof to the court that I have complied with the conditions imposed by the court following successful completion of the two-year treatment program, but no less than five years from the date the deferred prosecution is granted, if the court grants this petition and if I fully comply with all the terms of the court order placing me on deferred prosecution.
I certify under penalty of perjury under the laws of the state of Washington that I have read the foregoing and agree with all of its provisions and that all statements made are true and correct.
Dated at ______________________, Washington this ________ day of _________________________, ________.
_____      
_____      
Petitioner-Defendant
Defense Attorney/WSBA No.
___Court of Washington
For _____
 
_____ 
Plaintiff, 
vs.
_____ 
Defendant. 
No: _____
Petition for Deferred Prosecution of Criminal Mistreatment Charge (DPPF)
Violation Date: _____
I am the defendant in this case and I petition the court for deferred prosecution of a criminal mistreatment charge under RCW Chapter 10.05. Following are my statements in support of this petition:
1. I am the natural or adoptive parent of the alleged victim.
2. The wrongful conduct charged is the result of parenting problems for which I am in need of services.
3. I am in need of child welfare services under chapter 74.13 RCW to improve my parenting skills in order to better provide my child(ren) with the basic necessities of life.
4. I want to correct my conduct to reduce the likelihood of harm to my child(ren).
5. I have cooperated with the Department of Social and Health Services to develop a plan to receive appropriate child welfare services.
6. I agree to pay the cost of the services if I am financially able to do so.
7. I understand that the court will not accept a petition for deferred prosecution from me if I sincerely believe that I am innocent of the crime(s) or if I sincerely believe that I do not need child welfare services.
8. I have not previously been placed on a deferred prosecution for a Chapter 9A.42 RCW or similar municipal ordinance violation.
9. The Department of Social and Health Services' case history and child welfare service plan have been filed with this petition as required by RCW 10.05.020.
10. I have the following rights: (a) to have a lawyer represent me at all hearings; (b) to have a lawyer appointed at public expense if I cannot afford one; (c) to have a speedy, public jury trial; (d) to appeal any conviction; (e) to remain silent and not testify; (f) to question witnesses who testify against me; (g) to call witnesses to testify for me, at no cost; (h) to be presumed innocent unless the charge(s) against me is (are) proved beyond a reasonable doubt; and (i) to present evidence and a defense. By deferring prosecution on these charges, I understand I give up my right to: (a) a speedy trial; (b) a jury; (c) testify on my own behalf; (d) call and (e) question witnesses; and (f) present evidence or a defense.
11. I agree that the facts as reported in the attached police reports are admissible in evidence and are sufficient to support conviction for the charged crime(s). I acknowledge that the above items will be used to support a finding of guilty if the deferred prosecution is revoked.
12. If my deferred prosecution is revoked and I am found guilty, I may be sentenced up to the maximum penalty allowed by law.
13. If I proceed to trial and I am found guilty, I may be allowed to seek suspension of some or all fines and incarceration if I seek treatment. I understand that I may seek treatment from a public or private agency at any time, whether or not I have been found guilty or placed on deferred prosecution.
14. If the court defers prosecution on any crime that would be a violation of a state law or local ordinance relating to motor vehicle traffic control, I will be disqualified from driving a commercial motor vehicle for the period specified in RCW 46.25.090, and if I drive a commercial motor vehicle holding a license issued by Washington State, I will be required to notify the Department of Licensing and my employer of this deferred prosecution within 30 days of the judge granting this petition. RCW 46.25.030. If the court grants this petition, I may not operate a motor vehicle on the public highways without a valid operator's license and proof of liability insurance pursuant to RCW 46.29.490. If my parenting problems and resulting wrongful conduct are based on alcohol dependency, I shall also be required to apply for an ignition interlock driver's license and to install an ignition interlock device under RCW 46.20.720(2) and RCW 46.20.385. The required periods of use of the interlock shall be not less than the periods provided for in RCW 46.20.720(3)(a), (b), and (c). I may also be required to pay restitution to victims, pay court costs, and pay probation costs authorized by law. To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. Alcoholism programs shall require a minimum of two self-help recovery groups per week for the duration of the treatment program. The court may terminate the deferred prosecution program if I violate this paragraph.
15. If the court grants this petition, during the period of deferred prosecution I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if my wrongful conduct involves: (i) an offense in which a person has incurred direct or threatened physical or psychological harm; (ii) an offense that involves the use or possession of a firearm; (iii) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; (iv) a sexual offense that requires me to register as a sex offender in Washington state. I understand that I will be required to pay an application fee with my travel or transfer request.
16. If I fail or neglect to comply with any part of my service plan, or with any ignition interlock driver's license or ignition interlock device requirements, the court shall either order me to comply with the term or condition or be removed from deferred prosecution (RCW 10.05.090). The termination of my parental rights with regard to the alleged victim due to abuse or neglect that occurred during the pendency of the deferred prosecution shall be per se evidence that I did not successfully complete the service plan. After the hearing, the court will either order that I continue with treatment or be removed from deferred prosecution and enter judgment. If I am convicted of a similar offense during the deferred prosecution, the court will revoke the deferred prosecution and enter judgment.
17. If the court grants my petition, the court will dismiss the charge(s) against me in this case when the court receives proof that I have successfully completed the child welfare service plan, or the service plan has been terminated because the alleged victim has reached his or her majority and there are no other minor children in the home.
I certify under penalty of perjury under the laws of the state of Washington that I have read the foregoing and agree with all of its provisions and that all statements made are true and correct.
Dated at ______________________, Washington this ________ day of _________________________, ________.
_____      
_____      
Petitioner-Defendant
Defense Attorney/WSBA No.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.