BILL REQ. #:  Z-0686.1 

Read first time 03/03/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to alcohol-related offenses; amending RCW 46.20.342, 46.20.380, 46.20.394, 46.20.400, 46.20.410, 46.20.720, 46.20.740, and 46.63.020; reenacting and amending RCW 46.20.3101, 46.20.391, and 46.61.5055; and prescribing penalties.

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

Sec. 1   RCW 46.20.3101 and 1998 c 213 s 2, 1998 c 209 s 2, and 1998 c 207 s 8 are each reenacted and 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 seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, revocation or denial for one year. A revocation or denial imposed under this subsection (1)(a) shall run concurrently with the period of any suspension, revocation, or denial imposed for a criminal conviction arising out of the same incident;
     (b) For a second or subsequent refusal within seven years, or for a first refusal where there has been one or more previous incidents within seven years that have resulted in administrative action under this section, revocation or denial for two years or until the person reaches age twenty-one, whichever is longer. A revocation imposed under this subsection (1)(b) shall run ((consecutively to)) concurrently with the period of any suspension, revocation, or denial imposed pursuant to 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 0.08 or more:
     (a) For a first incident within seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, suspension for ninety days. A revocation or denial imposed under this subsection (2)(a) shall run concurrently with the period of any suspension, revocation, or denial imposed for a criminal conviction arising out of the same incident;
     (b) For a second or subsequent incident within seven years, revocation or denial for two years. A revocation or denial imposed under this subsection (2)(b) shall run concurrently with the period of any suspension, revocation, or denial imposed for a criminal conviction arising out of the same incident.
     (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 in violation of RCW 46.61.502, 46.61.503, or 46.61.504:
     (a) For a first incident within seven years, suspension or denial for ninety days;
     (b) For a second or subsequent incident within seven years, revocation or denial for one year or until the person reaches age twenty-one, whichever is longer. A revocation or denial imposed under this subsection (3)(b) shall run concurrently with the period of any suspension, revocation, or denial imposed for a criminal conviction arising out of the same incident.
     (4) The department of licensing, after considering the requirements of federal law regarding state eligibility for grants or other funding, shall provide by rule that a person whose license, permit, or privilege to drive has been suspended, revoked, or denied under this section may apply for a temporary restricted license under RCW 46.20.391.
     (a) The department of licensing shall establish as the minimum portions of the periods of suspension, revocation, or denial set forth in this section after which a person may apply for such a temporary restricted license, the minimum periods established by federal law under which the state will maintain its eligibility, or establish eligibility, to obtain incentive grants or any other federal funding.
     (b) A person applying for such a temporary restricted license shall provide proof to the satisfaction of the department that an ignition interlock or other biological or technical device approved by the department has been installed on a vehicle owned or operated by the person.
     (i) The department shall require the person to maintain such a device on a vehicle owned or operated by the person, and shall prohibit the person from operating any vehicle except one equipped with such a device, for the remainder of the period of suspension, revocation, or denial.
     (ii) Subject to any periodic renewal requirements established by the department pursuant to this section and subject to any applicable compliance requirements under this chapter or other law, a temporary restricted license granted as the result of an application under this section extends through the remaining portion of any suspension, revocation, or denial under this section and also through the period of any suspension, revocation, or denial imposed under a criminal conviction arising out of the same incident.

Sec. 2   RCW 46.20.342 and 2001 c 325 s 3 are each amended to read as follows:
     (1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.
     (a) A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.
     (b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:
     (i) A conviction of a felony in the commission of which a motor vehicle was used;
     (ii) A previous conviction under this section;
     (iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;
     (iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational or a temporary restricted driver's license;
     (v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
     (vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
     (vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;
     (viii) A conviction of RCW 46.61.500, relating to reckless driving;
     (ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;
     (x) A conviction of RCW 46.61.520, relating to vehicular homicide;
     (xi) A conviction of RCW 46.61.522, relating to vehicular assault;
     (xii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;
     (xiii) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;
     (xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
     (xv) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;
     (xvi) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;
     (xvii) An administrative action taken by the department under chapter 46.20 RCW; or
     (xviii) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.
     (c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses, or any combination of (i) through (vii), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.
     (2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:
     (a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
     (b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
     (c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.

Sec. 3   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 or 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. 4   RCW 46.20.391 and 1999 c 274 s 4 and 1999 c 272 s 1 are each reenacted and 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 ((who has had his or her license suspended under RCW 46.20.3101 (2)(a) or (3)(a))) any person authorized under RCW 46.20.3101(4), 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 thirty days of any suspension or revocation imposed either for a violation of RCW 46.61.502 or 46.61.504 or under RCW 46.20.3101 (2)(a) or (3)(a), or for both a violation of RCW 46.61.502 or 46.61.504 and under RCW 46.20.3101 (2)(a) or (3)(a) where the action arises from the same incident. A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department)) prior to the expiration of the minimum periods established in accordance with RCW 46.20.3101(4)(a).
     A petitioner under this subsection must also agree to have an approved ignition interlock or other approved biological or technical device installed on a vehicle owned or operated by the person, and shall agree not to operate any vehicle except one equipped with such a device, for the remainder of the period of suspension, revocation, or denial. Subject to any periodic renewal requirements established by the department pursuant to this section and subject to any applicable compliance requirements under this chapter or other law, a temporary restricted license granted after a suspension or revocation under RCW 46.61.5055 or 46.20.3101 extends through the remaining portion of any concurrent or consecutive suspension or revocation that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.
     (2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or pay a traffic ticket under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license if the applicant demonstrates to the satisfaction of the department that one of the following additional conditions are met:
     (i) The applicant is in an apprenticeship program or an on-the-job training program for which a driver's license is required;
     (ii) The applicant presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program and the program has certified that a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect no longer than fourteen days;
     (iii) The applicant is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license; or
     (iv) The applicant is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as alcoholics anonymous.
     (b) If the suspension is for failure to respond, pay, or comply with a notice of traffic infraction or conviction, the applicant must enter into a payment plan with the court.
     (c) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation but not more than two years.
     (d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first class mail to the driver that the occupational driver's license shall be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection.
     (e) The department shall not issue an occupational driver's license under (a)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (a)(iv) of this subsection.
     (3) An applicant for an occupational or 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 other offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and
     (b) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, 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 circumstances:
     (i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle, except as allowed under subsection (2)(a) of this section;
     (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;
     (v) Is fulfilling court-ordered community service responsibilities;
     (vi) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
     (vii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than fourteen days; and
     (d) The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW.
     (4) A person aggrieved by the decision of the department on an application for an occupational or a temporary restricted driver's license may request a hearing as provided by rule of the department.
     (5) The director shall cancel an occupational or 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 a separate offense that under 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. 5   RCW 46.20.394 and 1999 c 272 s 2 are each amended to read as follows:
     In issuing an occupational or 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. In issuing an occupational driver's license under RCW 46.20.391(2)(a)(iv), or a temporary restricted license under RCW 46.20.391(3)(c)(iv), the department shall set forth in detail the specific hours during which the person may drive to and from substance abuse treatment or meetings of a twelve-step group such as alcoholics anonymous, 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 or 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. 6   RCW 46.20.400 and 1967 c 32 s 33 are each amended to read as follows:
     If an occupational or 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 or her occupational or 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. 7   RCW 46.20.410 and 1967 c 32 s 34 are each amended to read as follows:
     Any person convicted for violation of any restriction of an occupational or a temporary restricted driver's license shall in addition to the immediate revocation of such license and any other penalties provided by law be fined not less than fifty nor more than two hundred dollars or imprisoned for not more than six months or both such fine and imprisonment.

Sec. 8   RCW 46.20.720 and 2001 c 247 s 1 are each amended to read as follows:
     (1) The court may order that after a period, if any, of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person originally charged with or convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device.
     (2) If a person is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and: (a) It is((: (a))) the person's first conviction ((or a deferred prosecution under chapter 10.05 RCW)) and his or her alcohol concentration was at least 0.15, or ((by reason of the person's refusal)) the person refused to take a test offered pursuant to RCW 46.20.308 ((there is no test result indicating the person's alcohol concentration)); or (b) it is the person's second or subsequent conviction; or (c) the ((person's first conviction and the person has a previous deferred prosecution under chapter 10.05 RCW or it is)) person enters a deferred prosecution under chapter 10.05 RCW ((and the person has a previous conviction)), the court shall order that after any applicable period of suspension, revocation, or denial of driving privileges, a functioning ignition interlock or other biological or technical device shall be installed on a vehicle owned or operated by the person and that the person may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device. The requirement to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device may not be suspended. The court may waive the requirement for the use of such a device if the court makes a specific finding in writing that such devices are not reasonably available in the local area. Nothing in this section may be interpreted as entitling a person to more than one deferred prosecution.
     (3) 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. In the case of a person under subsection (2) of this section, the period of time of the restriction will be as follows:
     (a) For a person (i) who is subject to RCW 46.61.5055 (1)(b), (2), or (3), ((or who is subject to a deferred prosecution program under chapter 10.05 RCW,)) and (ii) who has not previously been restricted under this section, a period of not less than one year;
     (b) For a person who has previously been restricted under (a) of this subsection, a period of not less than five years;
     (c) For a person who has previously been restricted under (b) of this subsection, a period of not less than ten years((.
     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)); and
     (d) For a person who has entered a deferred prosecution, a minimum of one year or other period of time prescribed by RCW 10.05.140.

Sec. 9   RCW 46.20.740 and 2001 c 55 s 1 are each amended to read as follows:
     (1) The department shall attach or imprint a notation on the driving record 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. The department may not issue a driver's license to the person without evidence that an ignition interlock or other approved biological or technical device has been installed and is maintained on a vehicle owned or operated by the person while this restriction remains on the person's driving record.
     (2) It is a misdemeanor for a person with such a notation on his or her driving record to operate a motor vehicle that is not so equipped. In addition to any other penalty, upon conviction the period of time during which the person is required to have an interlock or other device installed, and is required to operate only a vehicle with such a device, shall be extended by the same amount as the original period. Upon notification of the conviction, the department shall alter the notation required in subsection (1) of this section accordingly.

Sec. 10   RCW 46.61.5055 and 1999 c 324 s 5, 1999 c 274 s 6, and 1999 c 5 s 1 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 seven 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. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(a)(i), the court may order not less than fifteen days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
     (ii) By a fine of ((not less than three hundred fifty dollars nor more than)) five thousand dollars. Up to four thousand six hundred fifty dollars of the fine may be suspended or deferred upon presentation to the court following the minimum period of ineligibility of a temporary restricted license issued under RCW 46.20.391. The suspended or deferred portion of the fine may be reinstated if the person is convicted of failing to comply with the terms of the temporary restricted license under RCW 46.20.391 and 46.20.740. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; 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. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(b)(i), the court may order not less than thirty days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
     (ii) By a fine of ((not less than five hundred dollars nor more than)) five thousand dollars. Up to four thousand five hundred dollars of the fine may be suspended or deferred upon presentation to the court following the minimum period of ineligibility of a temporary restricted license issued under RCW 46.20.391. The suspended or deferred portion of the fine may be reinstated if the person is convicted of failing to comply with the terms of the temporary restricted license under RCW 46.20.391 and 46.20.740. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
     (iii) By a court-ordered restriction under RCW 46.20.720.
     (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 seven 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 and sixty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Thirty days of imprisonment and sixty days of electronic home monitoring 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. Up to four thousand five hundred dollars of the fine may be suspended or deferred upon presentation to the court following the minimum period of ineligibility of a temporary restricted license issued under RCW 46.20.391. The suspended or deferred portion of the fine may be reinstated if the person is convicted of failing to comply with the terms of the temporary restricted license under RCW 46.20.391 and 46.20.740. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
     (iii) By a court-ordered restriction under RCW 46.20.720; 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 and ninety days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Forty-five days of imprisonment and ninety days of electronic home monitoring 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. Up to four thousand two hundred fifty dollars of the fine may be suspended or deferred upon presentation to the court following the minimum period of ineligibility of a temporary restricted license issued under RCW 46.20.391. The suspended or deferred portion of the fine may be reinstated if the person is convicted of failing to comply with the terms of the temporary restricted license under RCW 46.20.391 and 46.20.740. 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 a court-ordered restriction under RCW 46.20.720.
     (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 seven 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 and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred twenty days of electronic home monitoring 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. Up to four thousand dollars of the fine may be suspended or deferred upon presentation to the court following the minimum period of ineligibility of a temporary restricted license issued under RCW 46.20.391. The suspended or deferred portion of the fine may be reinstated if the person is convicted of failing to comply with the terms of the temporary restricted license under RCW 46.20.391 and 46.20.740. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and
     (iii) By a court-ordered restriction under RCW 46.20.720; 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 and one hundred fifty days of electronic home monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. One hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring 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. Up to three thousand five hundred dollars of the fine may be suspended or deferred upon presentation to the court following the minimum period of ineligibility of a temporary restricted license issued under RCW 46.20.391. The suspended or deferred portion of the fine may be reinstated if the person is convicted of failing to comply with the terms of the temporary restricted license under RCW 46.20.391 and 46.20.740. 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 a court-ordered restriction under RCW 46.20.720.
     (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) The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs must:
     (a) If the person's alcohol concentration was less than 0.15, or if for reasons other than the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
     (i) Where there has been no prior offense within seven years, be suspended or denied by the department for ninety days;
     (ii) Where there has been one prior offense within seven years, be revoked or denied by the department for two years; or
     (iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for three years;
     (b) If the person's alcohol concentration was at least 0.15((, or if by reason of the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration)):
     (i) Where there has been no prior offense within seven years, be revoked or denied by the department for one year;
     (ii) Where there has been one prior offense within seven years, be revoked or denied by the department for nine hundred days; or
     (iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years; or
     (c) If by reason of the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
     (i) Where there has been no prior offense within seven years, be revoked or denied by the department for two years;
     (ii) Where there has been one prior offense within seven years, be revoked or denied by the department for three years; or
     (iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years.
     For purposes of this subsection, the department shall refer to the driver's record maintained under RCW 46.52.120 when determining the existence of prior offenses.
     (7) After expiration of any period of suspension, revocation, or denial 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.
     (8)(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 five 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.
     (9) A court may waive the electronic home monitoring requirements of this chapter when:
     (a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home monitoring system;
     (b) The offender does not reside in the state of Washington; or
     (c) The court determines that there is reason to believe that the offender would violate the conditions of the electronic home monitoring penalty.
     Whenever the mandatory minimum term of electronic home monitoring is waived, the court shall state in writing the reason for granting the waiver and the facts upon which the waiver is based, and shall impose an alternative sentence with similar punitive consequences. The alternative sentence may include, but is not limited to, additional jail time, work crew, or work camp.
     Whenever the combination of jail time and electronic home monitoring or alternative sentence would exceed three hundred sixty-five days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring or alternative portion of the sentence shall be reduced so that the combination does not exceed three hundred sixty-five days.
     (10) An offender serving a sentence under this section, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the jail administrator subject to the standards and limitations set forth in RCW 9.94A.728(4).
     (11) For purposes of this section:
     (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, 46.61.500, or 9A.36.050 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; and
     (b) "Within seven years" means that the arrest for a prior offense occurred within seven years of the arrest for the current offense.

Sec. 11   RCW 46.63.020 and 2001 c 325 s 4 are each 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(2) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
     (10) RCW 46.20.005 relating to driving without a valid driver's license;
     (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
     (12) RCW 46.20.0921 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 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
     (15) RCW 46.20.410 relating to the violation of restrictions of an occupational or a temporary restricted driver's 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;
     (18) RCW 46.25.170 relating to commercial driver's licenses;
     (19) Chapter 46.29 RCW relating to financial responsibility;
     (20) RCW 46.30.040 relating to providing false evidence of financial responsibility;
     (21) RCW 46.37.435 relating to wrongful installation of sunscreening material;
     (22) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
     (23) RCW 46.48.175 relating to the transportation of dangerous articles;
     (24) RCW 46.52.010 relating to duty on striking an unattended car or other property;
     (25) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
     (26) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
     (27) 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) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
     (29) RCW 46.55.035 relating to prohibited practices by tow truck operators;
     (30) RCW 46.61.015 relating to obedience to police officers, flaggers, or fire fighters;
     (31) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
     (32) RCW 46.61.022 relating to failure to stop and give identification to an officer;
     (33) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
     (34) RCW 46.61.500 relating to reckless driving;
     (35) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
     (36) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
     (37) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
     (38) RCW 46.61.522 relating to vehicular assault;
     (39) RCW 46.61.5249 relating to first degree negligent driving;
     (40) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
     (41) RCW 46.61.530 relating to racing of vehicles on highways;
     (42) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
     (43) RCW 46.61.740 relating to theft of motor vehicle fuel;
     (44) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
     (45) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
     (46) Chapter 46.65 RCW relating to habitual traffic offenders;
     (47) RCW 46.68.010 relating to false statements made to obtain a refund;
     (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;
     (49) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
     (50) RCW 46.72A.060 relating to limousine carrier insurance;
     (51) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
     (52) RCW 46.72A.080 relating to false advertising by a limousine carrier;
     (53) Chapter 46.80 RCW relating to motor vehicle wreckers;
     (54) Chapter 46.82 RCW relating to driver's training schools;
     (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;
     (56) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.