1. A person who is convicted of a
violation of Subsection 11.56.020 A or B who has no
prior offense within seven (7) years and whose alcohol
concentration was less than 0.15, or for any reason
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, shall be
punished by imprisonment for not less than twenty-four
(24) consecutive hours nor more than one (1) year and by
a fine of not less than Three Hundred Fifty Dollars
($350) and not more than Five Thousand Dollars ($5,000).
In lieu of the mandatory minimum term of imprisonment
required under this subsection, the court may order not
less than fifteen (15) days of electronic home
monitoring.
2. A person who is convicted of a
violation of Subsection 11.56.020 A or B who has no
prior offense within seven (7) years and whose alcohol
concentration was 0.15 or more, or who refused to take a
test offered pursuant to RCW 46.20.308, shall be
punished by imprisonment for not less than two (2)
consecutive days nor more than one (1) year and a fine
of not less than Five Hundred Dollars ($500) nor more
than Five Thousand Dollars ($5,000). In lieu of the
mandatory minimum term of imprisonment required under
this subsection, the court may order not less than
thirty (30) days of electronic home monitoring.
B. 1. A person who is convicted of a
violation of Subsection 11.56.020 A or B who has one (1)
prior offense within seven (7) years and whose alcohol
concentration was less than 0.15, or for any reason
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, shall be
punished by imprisonment for not less than thirty (30)
consecutive days nor more than one (1) year, sixty (60)
days of electronic home monitoring, and a fine of not
less than Five Hundred Dollars ($500) nor more than Five
Thousand Dollars ($5,000).
2. A person who is convicted of a
violation of Subsection 11.56.020 A or B who has one (1)
prior offense within seven (7) years and whose alcohol
concentration was 0.15 or more, or who refused to take a
test offered pursuant to RCW 46.20.308, shall be
punished by imprisonment for not less than forty-five
(45) consecutive days nor more than one (1) year, ninety
(90) days of electronic home monitoring, and a fine of
not less than Seven Hundred Fifty Dollars ($750) nor
more than Five Thousand Dollars ($5,000).
C. 1. A person who is convicted of a
violation of Subsection 11.56.020 A or B who has two (2)
or more prior offenses within seven (7) years and whose
alcohol concentration was less than 0.15, or for any
reason 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,
shall be punished by imprisonment for not less than
ninety (90) consecutive days nor more than one (1) year,
one hundred twenty (120) days of electronic home
monitoring, and a fine of not less than One Thousand
Dollars ($1,000) nor more than Five Thousand Dollars
($5,000).
2. A person who is convicted of a
violation of Subsection 11.56.020 A or B who has two (2)
or more prior offenses within seven (7) years and whose
alcohol concentration was 0.15 or more, or who refused
to take a test offered pursuant to RCW 46.20.308, shall
be punished by imprisonment for not less than one
hundred twenty (120) consecutive days nor more than one
(1) year, one hundred fifty (150) days of electronic
home monitoring, and a fine of not less than One
Thousand Five Hundred Dollars ($1,500) nor more than
Five Thousand Dollars ($5,000).
D. "Prior offense" and "within seven
(7) years" have the same meaning as in RCW 46.61.5055.
E. If a person convicted of a
violation of Subsection 11.56.020 A or B committed the
offense while a passenger under the age of sixteen (16)
years was in the vehicle, the court shall order the use
of an ignition interlock device under RCW 46.20.720 for
not less than sixty (60) days following restoration of
the person's license, permit or nonresident driving
privilege or, in the case of a person for whom use of
such a device is already required under RCW 46.20.720,
order the use of such a device for an additional sixty
(60) days.
F. For purposes of sentencing under
this section, the judge shall determine, based on a
preponderance of the evidence, the number of prior
offenses within seven (7) years the person has, whether
the person's alcohol concentration was less than 0.15 or
0.15 or more, whether the person refused to take a test
offered pursuant to RCW 46.20.308 or whether for any
reason 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 and
whether the person committed the offense while a
passenger under the age of sixteen (16) years was in the
vehicle. The prosecutor or the court may obtain an
abstract of the person's driving record, which shall be
prima facie evidence of the person's prior offenses.
G. Unless the judge finds the person
to be indigent, the mandatory minimum fine shall not be
suspended or deferred. Neither the mandatory minimum
jail sentence nor the mandatory minimum period of
electronic home monitoring shall be suspended or
deferred unless the judge finds that the imposition of
this sentence will pose a substantial risk to the
defendant's physical or mental well-being. Whenever the
mandatory minimum sentence is suspended or deferred, the
judge must state, in writing, the reason for granting
the suspension or deferral and the facts upon which the
suspension or deferral is based. Whenever the court
sentences an offender to a period of electronic home
monitoring, the court may also require the offender's
home electronic monitoring device to include an alcohol
detection breathalyzer and may restrict the amount of
alcohol the offender may consume during the period of
electronic home monitoring. The cost of electronic home
monitoring shall be paid for by the offender and
determined by the City. In exercising its discretion is
setting penalties within the limits allowed by this
section, the court shall particularly consider whether
the person's driving at the time of the offense was
responsible for injury or damage to another or another's
property, whether the person's license, permit or
privilege to drive was suspended, revoked, denied or in
probationary status at the time of the offense, whether
the person was in compliance with Section 11.20.340 at
the time of the offense and whether the person was
driving or in actual physical control of a vehicle with
one (1) or more passengers at the time of the offense.
H. A person convicted of a violation
of Subsection 11.56.020 A or B of this section is
subject to the alcohol assessment and treatment
provisions of RCW 46.61.5056.
I. In addition to any nonsuspendable
and nondeferrable jail sentence required by this
subsection, whenever the court imposes less than one (1)
year in jail, the court shall also suspend but shall not
defer a period of confinement for a period not exceeding
five (5) years. The court shall impose conditions of
probation that include: (1) not driving a motor vehicle
within this state without a valid license to drive and
proof of financial responsibility for the future; (2)
not driving a motor vehicle within this state while
having an alcohol concentration of 0.08 or more within
two (2) hours after driving; and (3) 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 probable cause 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. For each violation of
mandatory conditions of probation (1), (2), or (3) of
this subsection, the court shall order the convicted
person to be confined for thirty (30) days, which shall
not be suspended or deferred. For each incident
involving a violation of a mandatory condition of
probation imposed under this subsection, the court shall
suspend the person's license, permit or privilege to
drive for thirty (30) days or, if the person's license,
permit or privilege to drive already is suspended,
revoked or denied at the time the finding of probation
violation is made, then the suspension, revocation or
denial then in effect shall be extended by thirty (30)
days. The court shall notify the Washington State
Department of Licensing of a person's violation of any
mandatory condition of probation imposed under this
subsection and the suspension of or extension of the
suspension, revocation or denial of a person's license,
permit or privilege to drive. 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.
J. In addition to the penalties set
forth in this section, a fee of One Hundred Twenty-five
Dollars ($125) shall be assessed to a person who is
either convicted, sentenced to a lesser charge or given
a deferred prosecution as a result of an arrest for
violating Subsection 11.56.020 A or B, RCW 46.61.520 or
RCW 46.61.522. Upon a verified petition by the person
assessed the fee, the court may suspend payment of all
or part of the fee if it finds that the person does not
have the ability to pay. The fee shall be collected by
the clerk of the court and distributed according to RCW
46.61.5054.
K. A court may waive the electronic
home monitoring requirements of this section when (1)
the offender does not have a dwelling, telephone
service, or any other necessity to operate an electronic
home monitoring system; (2) the offender does not reside
in the State of Washington; or (3) 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 (365) 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 (365) days.
