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(1) Except as provided in
RCW 46.61.502(6) or
46.61.504(6), 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.
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. Five
hundred dollars of the fine may not be suspended or
deferred unless the court finds the offender to be
indigent.
(2) Except as provided in
RCW 46.61.502(6) or
46.61.504(6), 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. Five
hundred 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
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.
Seven hundred fifty dollars of the fine may not be
suspended or deferred unless the court finds the
offender to be indigent.
(3) Except as provided in
RCW 46.61.502(6) or
46.61.504(6), a
person who is convicted of a violation of
RCW 46.61.502 or
46.61.504 and who
has two or three 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. One
thousand 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 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. One thousand five hundred dollars of the
fine may not be suspended or deferred unless the
court finds the offender to be indigent.
(4) A person who is convicted of a violation of
RCW 46.61.502 or
46.61.504 and who
has four or more prior offenses within ten years, or
who has ever previously been convicted of a
violation of
RCW 46.61.520
committed while under the influence of intoxicating
liquor or any drug or
RCW 46.61.522
committed while under the influence of intoxicating
liquor or any drug, shall be punished in accordance
with chapter 9.94A RCW.
(5) If a person who is convicted of a
violation of
RCW 46.61.502 or
46.61.504 committed
the offense while a passenger under the age of
sixteen was in the vehicle, the court shall:
(a) In any case in which the installation and
use of an interlock or other device is not mandatory
under
RCW 46.20.720 or
other law, order the use of such a device for not
less than sixty days following the restoration of
the person's license, permit, or nonresident driving
privileges; and
(b) In any case in which the installation and
use of such a device is otherwise mandatory, order
the use of such a device for an additional sixty
days.
(6) 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 at the time of the offense the
person was driving or in physical control of a
vehicle with one or more passengers.
(7) An offender punishable under this section
is subject to the alcohol assessment and treatment
provisions of
RCW 46.61.5056.
(8) 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:
(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 have been no prior offenses
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
previous offenses within seven years, be revoked or
denied by the department for four years.
The department shall grant credit on a
day-for-day basis for any portion of a suspension,
revocation, or denial already served under this
subsection for a suspension, revocation, or denial
imposed under
RCW 46.20.3101
arising out of the same incident.
For purposes of this subsection (8), the
department shall refer to the driver's record
maintained under RCW 46.52.120 when determining the
existence of prior offenses.
(9) 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.
(10)(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 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), (ii), or (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.
(11) 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.
(12) 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).
(13) For purposes of this section and
RCW 46.61.502 and
46.61.504:
(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. |
