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46.20.311
Duration of license sanctions — Reissuance or
renewal.
(1)(a) The department shall not suspend
a driver's license or privilege to drive a motor
vehicle on the public highways for a fixed period of
more than one year, except as specifically permitted
under
RCW 46.20.267,
46.20.342, or other
provision of law.
(b) Except for a suspension under
RCW 46.20.267,
46.20.289,
46.20.291(5),
46.61.740, or 74.20A.320, whenever the license or
driving privilege of any person is suspended by
reason of a conviction, a finding that a traffic
infraction has been committed, pursuant to chapter
46.29 RCW, or pursuant to
RCW 46.20.291 or
46.20.308, the
suspension shall remain in effect until the person
gives and thereafter maintains proof of financial
responsibility for the future as provided in chapter
46.29 RCW.
(c) If the suspension is the result of a
non-felony violation of
RCW 46.61.502 or
46.61.504, the
department shall determine the person's eligibility
for licensing based upon the reports provided by the
alcoholism agency or probation department designated
under
RCW 46.61.5056 and
shall deny reinstatement until enrollment and
participation in an approved program has been
established and the person is otherwise qualified.
If the suspension is the result of a violation of
RCW 46.61.502(6) or
46.61.504(6), the
department shall determine the person’s eligibility
for licensing based upon the reports provided by the
alcohol or drug dependency agency required under
RCW 46.61.524 and
shall deny reinstatement until satisfactory progress
in an approved program had been established and the
person is otherwise qualified. If the
suspension is the result of a violation of
RCW 46.61.502 or
46.61.504, and the
person is required pursuant to
RCW 46.20.720 to
drive only a motor vehicle equipped with a
functioning ignition interlock, the department shall
determine the person's eligibility for licensing
based upon written verification by a company doing
business in the state that it has installed the
required device on a vehicle owned or operated by
the person seeking reinstatement. If, based upon
notification from the interlock provider or
otherwise, the department determines that an
interlock required under
RCW 46.20.720 is no
longer installed or functioning as required, the
department shall suspend the person's license or
privilege to drive. Whenever the license or driving
privilege of any person is suspended or revoked as a
result of noncompliance with an ignition interlock
requirement, the suspension shall remain in effect
until the person provides notice issued by a company
doing business in the state that a vehicle owned or
operated by the person is equipped with a
functioning ignition interlock device.
(d) Whenever the license or driving privilege
of any person is suspended as a result of
certification of noncompliance with a child support
order under chapter 74.20A RCW or a residential or
visitation order, the suspension shall remain in
effect until the person provides a release issued by
the department of social and health services stating
that the person is in compliance with the order.
(e)(i) The department shall not issue to the
person a new, duplicate, or renewal license until
the person pays a reissue fee of seventy-five
dollars.
(ii) If the suspension is the result of a
violation of
RCW 46.61.502 or
46.61.504, or is
the result of administrative action under
RCW 46.20.308, the
reissue fee shall be one hundred fifty dollars.
(2)(a) Any person whose license or privilege to
drive a motor vehicle on the public highways has
been revoked, unless the revocation was for a cause
which has been removed, is not entitled to have the
license or privilege renewed or restored until: (i)
After the expiration of one year from the date the
license or privilege to drive was revoked; (ii)
after the expiration of the applicable revocation
period provided by
RCW 46.20.3101 or
46.61.5055; (iii)
after the expiration of two years for persons
convicted of vehicular homicide; or (iv) after the
expiration of the applicable revocation period
provided by
RCW 46.20.265.
(b)(i) After the expiration of the appropriate
period, the person may make application for a new
license as provided by law together with a reissue
fee in the amount of seventy-five dollars.
(ii) If the revocation is the result of a
violation of
RCW 46.20.308,
46.61.502, or
46.61.504, the
reissue fee shall be one hundred fifty dollars. If
the revocation is the result of a nonfelony
violation of
RCW 46.61.502 or
46.61.504, the
department shall determine the person's eligibility
for licensing based upon the reports provided by the
alcoholism agency or probation department designated
under
RCW 46.61.5056 and
shall deny reissuance of a license, permit, or
privilege to drive until enrollment and
participation in an approved program has been
established and the person is otherwise qualified.
If the suspension is the result of a violation of
RCW 46.61.502(6) or
46.61.504(6), the
department shall determine the person’s eligibility
for licensing based upon the reports provided by the
alcohol or drug dependency agency required under
RCW 46.61.524 and
shall deny reinstatement until satisfactory progress
in an approved program has been established and the
person is otherwise qualified. If the revocation is
the result of a violation of
RCW 46.61.502 or
46.61.504, and the
person is required pursuant to
RCW 46.20.720 to
drive only a motor vehicle equipped with a
functioning ignition interlock or other biological
or technical device, the department shall determine
the person's eligibility for licensing based upon
written verification by a company doing business in
the state that it has installed the required device
on a vehicle owned or operated by the person
applying for a new license. If, following issuance
of a new license, the department determines, based
upon notification from the interlock provider or
otherwise, that an interlock required under
RCW 46.20.720 is no
longer functioning, the department shall suspend the
person's license or privilege to drive until the
department has received written verification from an
interlock provider that a functioning interlock is
installed.
(c) Except for a revocation under
RCW 46.20.265, the
department shall not then issue a new license unless
it is satisfied after investigation of the driving
ability of the person that it will be safe to grant
the privilege of driving a motor vehicle on the
public highways, and until the person gives and
thereafter maintains proof of financial
responsibility for the future as provided in chapter
46.29 RCW. For a revocation under
RCW 46.20.265, the
department shall not issue a new license unless it
is satisfied after investigation of the driving
ability of the person that it will be safe to grant
that person the privilege of driving a motor vehicle
on the public highways.
(3)(a) Whenever the driver's license of any
person is suspended pursuant to Article IV of the
nonresident violators compact or RCW 46.23.020 or
46.20.289 or
46.20.291(5), the
department shall not issue to the person any new or
renewal license until the person pays a reissue fee
of seventy-five dollars.
(b) If the suspension is the result of a
violation of the laws of this or any other state,
province, or other jurisdiction involving (i) the
operation or physical control of a motor vehicle
upon the public highways while under the influence
of intoxicating liquor or drugs, or (ii) the refusal
to submit to a chemical test of the driver's blood
alcohol content, the reissue fee shall be one
hundred fifty dollars. |