title: RCW 46.20.202

text:
(1) The department may enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between the state of Washington and the Canadian province of British Columbia.
(2) The department may enter into an agreement with the Canadian province of British Columbia for the purposes of implementing a border-crossing initiative.
(3)(a) The department may issue an enhanced driver's license or identicard for the purposes of crossing the border between the state of Washington and the Canadian province of British Columbia to an applicant who provides the department with proof of: United States citizenship, identity, and state residency. The department shall continue to offer a standard driver's license and identicard. If the department chooses to issue an enhanced driver's license, the department must allow each applicant to choose between a standard driver's license or identicard, or an enhanced driver's license or identicard.
(b) The department shall implement a one-to-many biometric matching system for the enhanced driver's license or identicard. An applicant for an enhanced driver's license or identicard shall submit a biometric identifier as designated by the department. The biometric identifier must be used solely for the purpose of verifying the identity of the holders and for any purpose set out in RCW 46.20.037. Applicants are required to sign a declaration acknowledging their understanding of the one-to-many biometric match.
(c) The enhanced driver's license or identicard must include reasonable security measures to protect the privacy of Washington state residents, including reasonable safeguards to protect against unauthorized disclosure of data about Washington state residents. If the enhanced driver's license or identicard includes a radio frequency identification chip, or similar technology, the department shall ensure that the technology is encrypted or otherwise secure from unauthorized data access.
(d) The requirements of this subsection are in addition to the requirements otherwise imposed on applicants for a driver's license or identicard. The department shall adopt such rules as necessary to meet the requirements of this subsection. From time to time the department shall review technological innovations related to the security of identity cards and amend the rules related to enhanced driver's licenses and identicards as the director deems consistent with this section and appropriate to protect the privacy of Washington state residents.
(e) Notwithstanding RCW 46.20.118, the department may make images associated with enhanced drivers' licenses or identicards from the negative file available to United States customs and border agents for the purposes of verifying identity.
(4) Beginning October 1, 2022, the fee for an enhanced driver's license or enhanced identicard is $56, which is in addition to the fees for any regular driver's license or identicard. If the enhanced driver's license or enhanced identicard is issued, renewed, or extended for a period other than eight years, the fee for each class is $7 for each year that the enhanced driver's license or enhanced identicard is issued, renewed, or extended.
(5)(a) The first $4 per year of issuance, to a maximum of $32 of the enhanced driver's license and enhanced identicard fee under this section must be deposited into the highway safety fund unless prior to July 1, 2023, the actions described in (a)(i) or (ii) of this subsection occur, in which case the portion of the revenue that is the result of the fee increased in section 209, chapter 44, Laws of 2015 3rd sp. sess. must be distributed to the connecting Washington account created under RCW 46.68.395.
(i) Any state agency files a notice of rule making under chapter 34.05 RCW, absent explicit legislative authorization enacted subsequent to July 1, 2015, for a rule regarding a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
(ii) Any state agency otherwise enacts, adopts, orders, or in any way implements a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard, without explicit legislative authorization enacted subsequent to July 1, 2015.
(iii) Nothing in this subsection acknowledges, establishes, or creates legal authority for the department of ecology or any other state agency to enact, adopt, order, or in any way implement a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.
(b) $24 of the enhanced driver's license and enhanced identicard fee under this section must be deposited into the move ahead WA flexible account created in RCW 46.68.520. If the enhanced driver's license or enhanced identicard is issued, renewed, or extended for a period other than eight years, the amount deposited into the move ahead WA flexible account created in RCW 46.68.520 is $3 for each year that the enhanced driver's license or enhanced identicard is issued, renewed, or extended.
[ 2022 c 182 s 205. Prior: 2021 c 317 s 21; 2021 c 158 s 9; 2017 c 310 s 3; 2016 c 32 s 2; 2015 3rd sp.s. c 44 s 209; 2007 c 7 s 1.]
Notes:
Effective date—2022 c 182 ss 205, 206, 209, and 210: "Sections 205, 206, 209, and 210 of this act take effect October 1, 2022." [ 2022 c 182 s 509.]
Intent—2022 c 182: See note following RCW 70A.65.240.
Severability—2021 c 317: See note following RCW 70A.535.005.
Effective date—2021 c 158 ss 2 and 5-11: See note following RCW 46.20.049.
Finding—Intent—2021 c 158: See note following RCW 46.20.049.
Intent—2016 c 32: "During the third special legislative session of 2015, the legislature passed Second Engrossed Substitute Senate Bill No. 5987 (chapter 44, Laws of 2015 3rd sp. sess.), a significant transportation revenue bill intended to provide needed transportation funding throughout the state. However, since the enactment of that legislation, certain drafting errors were discovered within the bill resulting in some provisions being enacted contrary to legislative intent. Therefore, it is the intent of the legislature to simply correct manifest drafting errors in order to conform certain provisions with the original legislative intent of Second Engrossed Substitute Senate Bill No. 5987. It is not the intent of the legislature to alter the intended substantive policy enacted in Second Engrossed Substitute Senate Bill No. 5987, but rather to make technical changes that correct certain drafting errors." [ 2016 c 32 s 1.]
Retroactive application—2016 c 32: "This act is remedial in nature and applies retroactively to July 15, 2015." [ 2016 c 32 s 4.]
Effective date—2016 c 32: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 25, 2016]." [ 2016 c 32 s 5.]
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—2007 c 7: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 23, 2007]." [ 2007 c 7 s 4.]

catchline: Enhanced drivers' licenses and identicards for Canadian border crossing—Border-crossing initiative—Fee amount, distribution.


doc_type: statute

jurisdiction: wa

title: RCW 46.20.2021

text:
The department shall develop and implement a statewide education campaign to educate Washington citizens about the border-crossing initiative authorized by chapter 7, Laws of 2007. The educational campaign must include information on the forms of travel for which the existing and enhanced driver's license can be used. The campaign must include information on the time frames for implementation of laws that impact identification requirements at the border with Canada.
[ 2007 c 7 s 2.]
Notes:
Effective date—2007 c 7: See note following RCW 46.20.202.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Statewide education campaign for border-crossing initiative.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 46.20.205

text:
Whenever any person, after applying for or receiving a driver's license or identicard, moves from the address named in the application or in the license or identicard issued to him or her, or changes his or her name of record, the person shall, within ten days thereafter, notify the department of the name or address change as provided in RCW 46.08.195. This notification information shall be transmitted to the secretary of state on a daily basis, including the person's name, former name, address, former address, date of birth, signature image, and date of the transaction.
[ 2023 c 466 s 23; 2017 c 147 s 8; 2015 c 53 s 72; 1999 c 6 s 24; 1998 c 41 s 13; 1996 c 30 s 4; 1994 c 57 s 52; 1989 c 337 s 6; 1969 ex.s. c 170 s 13; 1965 ex.s. c 121 s 18.]
Notes:
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Effective date—1996 c 30: See note following RCW 46.25.010.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.

catchline: Change of address or name.


title: RCW 46.20.207

text:
(1) The department is authorized to cancel any driver's license upon determining that the licensee was not entitled to the issuance of the license, or that the licensee failed to give the required or correct information in his or her application, or that the licensee is incompetent to drive a motor vehicle for any of the reasons under RCW 46.20.031 (4) and (7).
(2) Upon such cancellation, the licensee must surrender the license so canceled to the department.
(3) Upon the cancellation of an enhanced driver's license or identicard for failure of the licensee to give correct information, if such information had been transferred to the secretary of state for purposes of voter registration, the department must immediately notify the office of the secretary of state, and the county auditor of the county of the licensee's address of record, of the cancellation of the license or identicard and identify the incorrect information.
[ 2018 c 110 s 107; 1993 c 501 s 3; 1991 c 293 s 4; 1965 ex.s. c 121 s 20.]
Notes:
Effective date—2018 c 110 ss 101-107: See note following RCW 29A.08.355.
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.

catchline: Cancellation.


title: RCW 46.20.215

text:
(1) The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder shall be subject to suspension or revocation by the department in like manner and for like cause as a driver's license issued hereunder may be suspended or revoked.
(2) The department shall, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, forward a report of such conviction to the motor vehicle administrator in the state wherein the person so convicted is a resident. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; and indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security.
(3) The department shall, upon receiving a record of the commission of a traffic infraction in this state by a nonresident driver of a motor vehicle, forward a report of the traffic infraction to the motor vehicle administrator in the state where the person who committed the infraction resides. The report shall clearly identify the person found to have committed the infraction; describe the infraction, specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; and indicate whether the determination that an infraction was committed was contested or whether the individual failed to respond to the notice of infraction.
[ 1979 ex.s. c 136 s 57; 1965 ex.s. c 121 s 21.]
Notes:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Nonresidents—Suspension or revocation—Reporting offenders.


title: RCW 46.20.220

text:
(1) It shall be unlawful for any person to rent a motor vehicle of any kind including a motorcycle to any other person unless the latter person is then duly licensed as a vehicle driver for the kind of motor vehicle being rented in this state or, in case of a nonresident, then that he or she is duly licensed as a driver under the laws of the state or country of his or her residence except a nonresident whose home state or country does not require that a motor vehicle driver be licensed;
(2) It shall be unlawful for any person to rent a motor vehicle to another person until he or she has inspected the vehicle driver's license of such other person and compared and verified the signature thereon with the signature of such other person written in his or her presence;
(3) Every person renting a motor vehicle to another person shall keep a record of the vehicle license number of the motor vehicle so rented, the name and address of the person to whom the motor vehicle is rented, the number of the vehicle driver's license of the person renting the vehicle and the date and place when and where such vehicle driver's license was issued. Such record shall be open to inspection by any police officer or anyone acting for the director.
[ 2010 c 8 s 9020; 1969 c 27 s 1. Prior: 1967 c 232 s 9; 1967 c 32 s 28; 1961 c 12 s 46.20.220; prior: 1937 c 188 s 63; RRS s 6312-63.]
Notes:
Allowing unauthorized person to drive: RCW 46.16A.520, 46.20.024.
Helmet requirements: RCW 46.37.535.

catchline: Vehicle rentals—Records.


title: RCW 46.20.245

text:
(1) Whenever the department proposes to withhold the driving privilege of a person or disqualify a person from operating a commercial motor vehicle and this action is made mandatory by the provisions of this chapter or other law, the department must give notice to the person in writing by posting in the United States mail, appropriately addressed, postage prepaid, or by personal service. Notice by mail is given upon deposit in the United States mail. Notice given under this subsection must specify the date upon which the driving privilege is to be withheld which shall not be less than forty-five days after the original notice is given.
(2) For persons subject to suspension, revocation, or denial of a driver's license who are eligible for full credit under RCW 46.61.5055(9)(b)(ii), the notice in subsection (1) of this section must also notify the person of the obligation to complete the requirements under RCW 46.20.311 and pay the probationary license fee under RCW 46.20.355 by the date specified in the notice in order to avoid license suspension.
(3) Within fifteen days after notice has been given to a person under subsection (1) of this section, the person may request in writing an administrative review before the department. If the request is mailed, it must be postmarked within fifteen days after the date the department has given notice. If a person fails to request an administrative review within fifteen days after the date the department gives notice, the person is considered to have defaulted and loses his or her right to an administrative review unless the department finds good cause for a request after the fifteen-day period.
(a) An administrative review under this subsection shall consist solely of an internal review of documents and records submitted or available to the department, unless the person requests an interview before the department, in which case all or any part of the administrative review may, at the discretion of the department, be conducted by telephone or other electronic means.
(b) The only issues to be addressed in the administrative review are:
(i) Whether the records relied on by the department identify the correct person; and
(ii) Whether the information transmitted from the court or other reporting agency or entity regarding the person accurately describes the action taken by the court or other reporting agency or entity.
(c) For the purposes of this section, the notice received from a court or other reporting agency or entity, regardless of form or format, is prima facie evidence that the information from the court or other reporting agency or entity regarding the person is accurate. A person requesting administrative review has the burden of showing by a preponderance of the evidence that the person is not subject to the withholding of the driving privilege.
(d) The action subject to the notification requirements of subsection (1) of this section shall be stayed during the administrative review process.
(e) Judicial review of a department order affirming the action subject to the notification requirements of subsection (1) of this section after an administrative review shall be available in the same manner as provided in RCW 46.20.308(8). The department shall certify its record to the court within thirty days after service upon the department of the petition for judicial review. The action subject to the notification requirements of subsection (1) of this section shall not automatically be stayed during the judicial review. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury.
(4) The department may adopt rules that are considered necessary or convenient by the department for purposes of administering this section, including, but not limited to, rules regarding expedited procedures for issuing orders and expedited notice procedures.
(5) This section does not apply where an opportunity for an informal settlement, driver improvement interview, or formal hearing is otherwise provided by law or rule of the department.
[ 2020 c 330 s 5; 2005 c 288 s 1.]
Notes:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Effective date—2005 c 288: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005." [ 2005 c 288 s 9.]

catchline: Mandatory revocation—Persons subject to suspension, revocation, or denial who are eligible for certain full credit—Notice—Administrative, judicial review—Rules—Application.


title: RCW 46.20.265

text:
(1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265.
(2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:
(a) Upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.
(b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.
(c) Each offense for which the department receives notice shall result in a separate period of revocation. All periods of revocation imposed under this section that could otherwise overlap shall run consecutively up to the juvenile's twenty-first birthday, and no period of revocation imposed under this section shall begin before the expiration of all other periods of revocation imposed under this section or other law. Periods of revocation imposed consecutively under this section shall not extend beyond the juvenile's twenty-first birthday.
(3)(a) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section if the minimum term of revocation as specified in RCW 13.40.265(3), 66.44.365(3), 69.41.065(3), 69.50.420(3), 69.52.070(3), or similar ordinance has expired, and subject to subsection (2)(c) of this section.
(b) The juvenile may seek reinstatement of his or her driving privileges from the department when the juvenile reaches the age of twenty-one. A notice from the court reinstating the juvenile's driving privilege shall not be required if reinstatement is pursuant to this subsection.
[ 2016 c 136 s 8; 2005 c 288 s 2; 2003 c 20 s 1; 1998 c 41 s 2; 1994 sp.s. c 7 s 439; 1991 c 260 s 1; 1989 c 271 s 117; 1988 c 148 s 7.]
Notes:
Effective date—2005 c 288: See note following RCW 46.20.245.
Intent—Construction—1998 c 41: "It is the intent and purpose of this act to clarify procedural issues and make technical corrections to statutes relating to drivers' licenses. This act should not be construed as changing existing public policy." [ 1998 c 41 s 1.]
Effective date—1998 c 41: "This act takes effect July 1, 1998." [ 1998 c 41 s 15.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following RCW 13.40.265.

catchline: Juvenile driving privileges—Revocation for alcohol or drug violations.


title: RCW 46.20.267

text:
If a person issued an intermediate license is convicted of or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate license under RCW 46.20.075:
(1) On the first such conviction or finding the department shall mail the parent or guardian of the person a letter warning the person of the provisions of this section;
(2) On the second such conviction or finding, the department shall suspend the person's intermediate driver's license for a period of six months or until the person reaches eighteen years of age, whichever occurs first, and mail the parent or guardian of the person a notification of the suspension;
(3) On the third such conviction or finding, the department shall suspend the person's intermediate driver's license until the person reaches eighteen years of age, and mail the parent or guardian of the person a notification of the suspension.
For the purposes of this section, a single ticket for one or more traffic offenses constitutes a single traffic offense.
[ 2000 c 115 s 3.]
Notes:
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 ss 1-10: See note following RCW 46.20.075.

catchline: Intermediate licensees.


title: RCW 46.20.270

text:
(1) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any federal authority having jurisdiction over offenses substantially the same as those set forth in this title which occur on federal installations within this state, shall immediately forward to the department a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine, penalty, or court cost, a plea of guilty or nolo contendere or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.
(2) Every state agency or municipality having jurisdiction over offenses committed under this chapter, or under any other act of this state or municipal ordinance adopted by a state or local authority regulating the operation of motor vehicles on highways, may forward to the department within 10 days of failure to respond, failure to pay a penalty, failure to appear at a hearing to contest the determination that a violation of any statute, ordinance, or regulation relating to standing, stopping, parking, or civil penalties issued under RCW 46.63.160 or 46.63.200 has been committed, or failure to appear at a hearing to explain mitigating circumstances, an abstract of the citation record in the form prescribed by rule of the department, showing the finding by such municipality that two or more violations of laws governing standing, stopping, and parking or one or more civil penalties issued under RCW 46.63.160 or 46.63.200 have been committed and indicating the nature of the defendant's failure to act. Such violations or infractions may not have occurred while the vehicle is stolen from the registered owner. The department may enter into agreements of reciprocity with the duly authorized representatives of the states for reporting to each other violations of laws governing standing, stopping, and parking.
(3) For the purposes of this title and except as defined in RCW 46.25.010, "conviction" means a final conviction in a state or municipal court or by any federal authority having jurisdiction over offenses substantially the same as those set forth in this title which occur on federal installations in this state, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine or court cost, a plea of guilty or nolo contendere, or a finding of guilt on a traffic law violation charge, regardless of whether the imposition of sentence or sanctions are deferred or the penalty is suspended, but not including entry into a deferred prosecution agreement under chapter 10.05 RCW.
(4) Perfection of a notice of appeal shall stay the execution of the sentence pertaining to the withholding of the driving privilege.
(5) For the purposes of this title, "finding that a traffic infraction has been committed" means a failure to respond to a notice of infraction or a determination made by a court pursuant to this chapter. Payment of a monetary penalty made pursuant to RCW 46.63.070(2) is deemed equivalent to such a finding.
[ 2024 c 308 s 2; 2015 c 189 s 1; 2013 2nd sp.s. c 35 s 17; 2010 c 249 s 11; 2009 c 181 s 1; 2006 c 327 s 1; 2005 c 288 s 3; 2004 c 231 s 5; 1990 2nd ex.s. c 1 s 402; 1990 c 250 s 42; 1982 1st ex.s. c 14 s 5; 1979 ex.s. c 136 s 58; 1979 c 61 s 7; 1977 ex.s. c 3 s 1; 1967 ex.s. c 145 s 55; 1965 ex.s. c 121 s 22; 1961 c 12 s 46.20.270. Prior: 1937 c 188 s 68; RRS s 6312-68; prior: 1923 c 122 s 2, part; 1921 c 108 s 9, part; RRS s 6371, part.]
Notes:
Contingent effective date—2010 c 249: See note following RCW 47.56.795.
Effective date—2005 c 288: See note following RCW 46.20.245.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.


title: RCW 46.20.285

text:
The department shall revoke the license of any driver for the period of one year unless otherwise provided in this section, upon receiving a record of the driver's conviction of any of the following offenses, when the conviction has become final:
(1) For vehicular homicide the period of revocation shall be two years. The revocation period shall be tolled during any period of total confinement for the offense;
(2) Vehicular assault. The revocation period shall be tolled during any period of total confinement for the offense;
(3) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree that renders the driver incapable of safely driving a motor vehicle, for the period prescribed in RCW 46.61.5055;
(4) Any felony where the sentencing court determines that in the commission of the offense a motor vehicle was used in a manner that endangered persons or property;
(5) Failure to stop and give information or render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another or resulting in damage to a vehicle that is driven or attended by another;
(6) Perjury or the making of a false affidavit or statement under oath to the department under this title or under any other law relating to the ownership or operation of motor vehicles;
(7) Reckless driving upon a showing by the department's records that the conviction is the third such conviction for the driver within a period of two years.
[ 2025 c 23 s 6; 2020 c 16 s 1; 2005 c 288 s 4; 2001 c 64 s 6. Prior: 1998 c 207 s 4; 1998 c 41 s 3; 1996 c 199 s 5; 1990 c 250 s 43; 1985 c 407 s 2; 1984 c 258 s 324; 1983 c 165 s 16; 1983 c 165 s 15; 1965 ex.s. c 121 s 24.]
Notes:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Effective date—2020 c 16: "This act takes effect January 1, 2022." [ 2020 c 16 s 2.]
Effective date—2005 c 288: See note following RCW 46.20.245.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1996 c 199: See note following RCW 9.94A.505.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Revocation of license for attempting to elude pursuing police vehicle: RCW 46.61.024.
Vehicular assault, penalty: RCW 46.61.522.
Vehicular homicide, penalty: RCW 46.61.520.

catchline: Offenses requiring revocation.


title: RCW 46.20.286

text:
(1) The department of licensing shall adopt procedures in cooperation with the administrative office of the courts and the department of corrections to implement RCW 46.20.285.
(2) The department of licensing shall ensure that the department of corrections has direct access to appropriate department of licensing systems in order that the department of corrections may assist incarcerated individuals with obtaining a driver's license under this chapter, prior to an individual's release from confinement.
[ 2024 c 315 s 5; 2005 c 282 s 47; 1996 c 199 s 6.]
Notes:
Effective date—2024 c 315: See note following RCW 72.09.270.
Severability—1996 c 199: See note following RCW 9.94A.505.

catchline: Adoption of procedures.


title: RCW 46.20.289

text:
(1) Except for traffic violations committed under RCW 46.61.165, the department shall suspend all driving privileges of a person when the department receives notice from a court under RCW 46.63.070(6), 46.63.110(6), or 46.64.025 that the person has failed to respond to a notice of traffic infraction for a moving violation, failed to appear at a hearing for a moving violation, or failed to comply with the terms of a criminal complaint or criminal citation for a moving violation.
(2) The department shall suspend all driving privileges of a person when the department receives notice from another state under Article IV of the nonresident violator compact under RCW 46.23.010 or from a jurisdiction that has entered into an agreement with the department under RCW 46.23.020, other than for a standing, stopping, or parking violation, provided that the traffic infraction or traffic offense is committed on or after July 1, 2005.
(3) A suspension under this section takes effect pursuant to the provisions of RCW 46.20.245, and remains in effect until the department has received a certificate from the court showing that the case has been adjudicated, and until the person meets the requirements of RCW 46.20.311.
(4) A suspension under this section does not take effect if, prior to the effective date of the suspension, the department receives a certificate from the court showing that the case or cases have been adjudicated.
[ 2021 c 240 s 5; 2019 c 467 s 2; 2016 c 203 s 6; 2012 c 82 s 3; 2005 c 288 s 5; 2002 c 279 s 4; 1999 c 274 s 1; 1995 c 219 s 2; 1993 c 501 s 1.]
Notes:
Effective date—2021 c 240: See note following RCW 46.63.060.
Finding—Intent—2019 c 467: "The legislature finds that individuals who engage in contrived or repeated violations of the state's high occupancy vehicle lane restrictions frustrate the state's congestion management, and justifiably incite indignation and anger among fellow transportation system users. The legislature intends the escalating penalties prescribed in this act to rebuke and discourage such conduct within Washington's transportation system." [ 2019 c 467 s 1.]
Effective date—Contingency—2012 c 82: See note following RCW 46.63.110.
Effective date—2005 c 288: See note following RCW 46.20.245.

catchline: Suspension for failure to respond, appear, etc.


title: RCW 46.20.2891

text:
The department of licensing in consultation with the administrative office of the courts must adopt and maintain rules, by November 1, 2012, in accordance with chapter 34.05 RCW that define a moving violation for the purposes of this act. "Moving violation" shall be defined pursuant to Title 46 RCW. Upon adoption of these rules, the department must provide written notice to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department.
[ 2012 c 82 s 4.]

catchline: Moving violation, definition by rule—Notice.


title: RCW 46.20.2892

text:
(1) Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department must suspend the license of the driver for a period of 60 days and establish a period of probation for one year to begin when the suspension ends. Prior to reinstatement of a license, the person must complete a safe driving course as recommended by the department. During the period of probation, the person must not be convicted of any additional traffic infractions for moving violations. Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension to run consecutively with any suspension already being served.
(2) When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
(3) The department may not charge a reissue fee at the end of the term of suspension under this section.
(4) For purposes of this section, multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
[ 2025 c 23 s 7; 2021 c 240 s 7.]
Notes:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Effective date—2021 c 240: See note following RCW 46.63.060.
PDF
RCW 46.20.2892
Traffic infractions for moving violations—Suspension—Probation—Notice (as amended by 2025 c 175).
(1) Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department must suspend the license of the driver for a period of 60 days and establish a period of probation for one ((calendar)) year to begin when the suspension ends, except as provided in subsection (2) of this section. Prior to reinstatement of a license, the person must complete a safe driving course as recommended by the department.
(2) At any time after the department provides notice of a pending suspension under subsection (1) of this section, a person may complete the safe driving course mandated under subsection (1) of this section. The department must terminate a suspension or pending suspension prior to the expiration of the 60-day period when the department receives notice that the person has completed the safe driving course, provided applicable requirements under RCW 46.20.311 have been met and any other applicable licensing fees have been paid. The department must establish a period of probation for one year to begin the day the suspension or pending suspension is terminated. A suspension or pending suspension may only be terminated early once every five years under this subsection.
(3) During ((the))a period of probation, the person must not be convicted of any additional traffic infractions for moving violations. Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension to run consecutively with any suspension already being served. A person is not eligible for early reinstatement under subsection (2) of this section for a probation violation that occurs during the period of probation.
(((2)))(4) When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
(((3)))(5) The department may not charge a reissue fee at the end of the term of suspension under this section.
(((4)))(6) For purposes of this section, multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
[ 2025 c 175 s 1; 2021 c 240 s 7.]
Notes:
Effective date—2025 c 175: "This act takes effect April 1, 2026." [ 2025 c 175 s 3.]
PDF
RCW 46.20.2892
Traffic infractions for moving violations—Suspension—Probation—Notice (as amended by 2025 c 228). (Effective January 1, 2029.)
(1)(a) Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department must suspend the license of the driver for a period of 60 days and establish a period of probation for one calendar year to begin when the suspension ends. Prior to reinstatement of a license, the person must complete a safe driving course as recommended by the department. During the period of probation, and subject to the requirements of (b) of this subsection, the person must not be convicted of any additional traffic infractions for moving violations. Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension to run consecutively with any suspension already being served.
(b)(i) During the first 120 days of the period of probation, following the period of suspension for an accumulation of moving violations under this section in which one or more of the violations is for excessive speeding, as defined in RCW 46.04.16991, the person may not operate a vehicle upon which a properly functioning intelligent speed assistance device has not been installed. The operation of a vehicle without such a properly functioning intelligent speed assistance device is a traffic infraction.
(2) When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
(3) The department may not charge a reissue fee at the end of the term of suspension under this section.
(4) For purposes of this section, multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
(5) A person who is required to operate a motor vehicle with an intelligent speed assistance device under subsection (1) of this section remains exclusively responsible for operation of the motor vehicle in a safe and lawful manner at all times. The obligation under subsection (1) of this section to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
[ 2025 c 228 s 12; 2021 c 240 s 7.]
Notes:
Reviser's note: RCW 46.20.2892 was amended twice during the 2025 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Intent—Finding—Short title—Effective date—2025 c 228: See notes following RCW 46.20.760.
Effective date—2021 c 240: See note following RCW 46.63.060.

catchline: Traffic infractions for moving violations—Suspension—Probation—Notice.


title: RCW 46.20.291

text:
The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;
(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;
(3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;
(4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3);
(5) Has failed to respond to a notice of traffic infraction, failed to appear at a hearing, or has failed to comply with the terms of a criminal complaint or criminal citation for a moving violation, as provided in RCW 46.20.289;
(6) Is subject to suspension under RCW 46.20.305 or 9A.56.078;
(7) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.0921; or
(8) Has been certified by the department of social and health services as a person who is not in compliance with a child support order or a *residential or visitation order as provided in RCW 74.20A.320.
[ 2021 c 240 s 6; 2016 c 203 s 5; 2007 c 393 s 2; 1998 c 165 s 12; 1997 c 58 s 806; 1993 c 501 s 4; 1991 c 293 s 5; 1980 c 128 s 12; 1965 ex.s. c 121 s 25.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Effective date—2021 c 240: See note following RCW 46.63.060.
Effective date—1998 c 165 ss 8-14: See note following RCW 46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Reckless driving, suspension of license: RCW 46.61.500.
Vehicular assault
drug and alcohol evaluation and treatment: RCW 9.94A.703.
penalty: RCW 46.61.522.
Vehicular homicide
drug and alcohol evaluation and treatment: RCW 9.94A.703.
penalty: RCW 46.61.520.

catchline: Authority to suspend—Grounds.


title: RCW 46.20.292

text:
The department may suspend, revoke, restrict, or condition any driver's license upon a showing of its records that the licensee has been found by a juvenile court, chief probation officer, or any other duly authorized officer of a juvenile court to have committed any offense or offenses which under Title 46 RCW constitutes grounds for said action.
[ 1979 c 61 s 8; 1967 c 167 s 9.]

catchline: Finding of juvenile court officer.


title: RCW 46.20.293

text:
The department is authorized to provide juvenile courts with the department's record of traffic charges compiled under RCW 46.52.101 and 13.50.200, against any minor upon the request of any state juvenile court or duly authorized officer of any juvenile court of this state. Further, the department is authorized to provide any juvenile court with any requested service which the department can reasonably perform which is not inconsistent with its legal authority which substantially aids juvenile courts in handling traffic cases and which promotes highway safety.
The department is authorized to furnish to the parent, parents, or guardian of any person under eighteen years of age who is not emancipated from such parent, parents, or guardian, the department records of traffic charges compiled against the person and shall collect for the copy a fee of thirteen dollars, fifty percent of which must be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.
[ 2012 c 74 s 4; 2007 c 424 s 1; 2002 c 352 s 15; 1999 c 86 s 3; 1990 c 250 s 44; 1979 c 61 s 9; 1977 ex.s. c 3 s 2; 1971 ex.s. c 292 s 45; 1969 ex.s. c 170 s 14; 1967 c 167 s 10.]
Notes:
Effective date—2012 c 74 ss 1-12: See note following RCW 46.17.100.
Effective date—2007 c 424: "This act takes effect August 1, 2007." [ 2007 c 424 s 5.]
Effective dates—2002 c 352: See note following RCW 46.09.410.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Minor's record to juvenile court, parents, or guardians.


title: RCW 46.20.300

text:
The director of licensing shall suspend, revoke, or cancel the vehicle driver's license of any resident of this state upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this state, would be ground for the suspension or revocation of the vehicle driver's license. The director may further, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, forward a certified copy of such record to the motor vehicle administrator in the state of which the person so convicted is a resident; such record to consist of a copy of the judgment and sentence in the case.
[ 1989 c 337 s 7; 1979 c 158 s 150; 1967 c 32 s 29; 1961 c 12 s 46.20.300. Prior: 1957 c 273 s 8; prior: 1937 c 188 s 66, part; RRS s 6312-66, part; 1923 c 122 s 1, part; 1921 c 108 s 9, part; RRS s 6371, part.]

catchline: Extraterritorial convictions.


title: RCW 46.20.305

text:
(1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed may upon notice require him or her to submit to an examination.
(2) The department shall require a driver reported under RCW 46.52.070 (2) and (3) to submit to an examination. The examination must be completed no later than one hundred twenty days after the accident report required under RCW 46.52.070(2) is received by the department unless the department, at the request of the operator, extends the time for examination.
(3) The department may in addition to an examination under this section require such person to obtain a certificate showing his or her condition signed by a licensed physician or other proper authority designated by the department.
(4) Upon the conclusion of an examination under this section the department shall take driver improvement action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permitted under RCW 46.20.041. The department may suspend or revoke the license of such person who refuses or neglects to submit to such examination.
(5) The department may require payment of a fee by a person subject to examination under this section. The department shall set the fee in an amount that is sufficient to cover the additional cost of administering examinations required by this section.
[ 1999 c 351 s 3; 1998 c 165 s 13; 1965 ex.s. c 121 s 26.]
Notes:
Effective date—1998 c 165 ss 8-14: See note following RCW 46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.

catchline: Incompetent, unqualified driver—Reexamination—Physician's certificate—Action by department.


title: RCW 46.20.308

text:
(1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath for the purpose of determining the alcohol concentration in his or her breath if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503.
(2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and being under the age of twenty-one. Prior to administering a breath test pursuant to this section, the officer shall inform the person of his or her right under this section to refuse the breath test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver, in substantially the following language, that:
(a) If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and
(b) If the driver refuses to take the test, the driver's refusal to take the test may be used in a criminal trial; and
(c) If the driver submits to the test and the test is administered, the driver's license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety days if:
(i) The driver is age twenty-one or over and the test indicates either that the alcohol concentration of the driver's breath is 0.08 or more; or
(ii) The driver is under age twenty-one and the test indicates either that the alcohol concentration of the driver's breath is 0.02 or more; or
(iii) The driver is under age twenty-one and the driver is in violation of RCW 46.61.502 or 46.61.504; and
(d) If the driver's license, permit, or privilege to drive is suspended, revoked, or denied the driver may be eligible to immediately apply for an ignition interlock driver's license.
(3) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested exercises the right, granted herein, by refusing upon the request of a law enforcement officer to submit to a test or tests of his or her breath, no test shall be given except as otherwise authorized by law.
(4) Nothing in subsection (1), (2), or (3) of this section precludes a law enforcement officer from obtaining a person's blood to test for alcohol, cannabis, or any drug, pursuant to a search warrant, a valid waiver of the warrant requirement, when exigent circumstances exist, or under any other authority of law. Any blood drawn for the purpose of determining the person's alcohol, cannabis levels, or any drug, is drawn pursuant to this section when the officer has reasonable grounds to believe that the person is in physical control or driving a vehicle under the influence or in violation of RCW 46.61.503.
(5) If, after arrest and after any other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.08 or more, or the THC concentration of the person's blood is 5.00 or more, if the person is age twenty-one or over, or that the alcohol concentration of the person's breath or blood is 0.02 or more, or the THC concentration of the person's blood is above 0.00, if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall:
(a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive as required by subsection (6) of this section;
(b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (7) of this section;
(c) Serve notice in writing that the license or permit, if any, is a temporary license that is valid for thirty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (7) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit that it replaces; and
(d) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by chapter 5.50 RCW that states:
(i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol or THC concentration in violation of RCW 46.61.503;
(ii) That after receipt of any applicable warnings required by subsection (2) of this section the person refused to submit to a test of his or her breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was 0.08 or more, or the THC concentration of the person's blood was 5.00 or more, if the person is age twenty-one or over, or that the alcohol concentration of the person's breath or blood was 0.02 or more, or the THC concentration of the person's blood was above 0.00, if the person is under the age of twenty-one; and
(iii) Any other information that the director may require by rule.
(6) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by chapter 5.50 RCW under subsection (5)(d) of this section, shall suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning thirty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (7) of this section, whichever occurs first.
(7) A person receiving notification under subsection (5)(b) of this section may, within seven days after the notice has been given, request in writing a formal hearing before the department. The person shall pay a fee of three hundred seventy-five dollars as part of the request. If the request is mailed, it must be postmarked within seven days after receipt of the notification. Upon timely receipt of such a request for a formal hearing, including receipt of the required three hundred seventy-five dollar fee, the department shall afford the person an opportunity for a hearing. The department may waive the required three hundred seventy-five dollar fee if the person is an indigent as defined in RCW 10.101.010. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within thirty days, excluding Saturdays, Sundays, and legal holidays, following the date of timely receipt of such request for a formal hearing before the department or thirty days, excluding Saturdays, Sundays, and legal holidays following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license under subsection (5) of this section extended, if the person is otherwise eligible for licensing. Unless otherwise agreed to by the department and the person, the department must give five days notice of the hearing to the person. For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more, or THC in his or her system in a concentration above 0.00, if the person was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered pursuant to a search warrant, a valid waiver of the warrant requirement, when exigent circumstances exist, or under any other authority of law as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.08 or more, or the THC concentration of the person's blood was 5.00 or more, if the person was age twenty-one or over at the time of the arrest, or that the alcohol concentration of the person's breath or blood was 0.02 or more, or the THC concentration of the person's blood was above 0.00, if the person was under the age of twenty-one at the time of the arrest. Where a person is found to be in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was under the age of twenty-one at the time of the arrest and was in physical control of a motor vehicle while having alcohol in his or her system in a concentration of 0.02 or THC concentration above 0.00, the person may petition the hearing officer to apply the affirmative defense found in RCW 46.61.504(3) and 46.61.503(2). The driver has the burden to prove the affirmative defense by a preponderance of the evidence. The sworn report or report under a declaration authorized by chapter 5.50 RCW submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more, or THC in his or her system in a concentration above 0.00, and was under the age of twenty-one and that the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by chapter 5.50 RCW of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, or denial either be rescinded or sustained.
(8) If the suspension, revocation, or denial is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction. Notice of appeal must be filed within thirty days after the date the final order is served or the right to appeal is waived. Notwithstanding RCW 46.20.334, RALJ 1.1, or other statutes or rules referencing de novo review, the appeal shall be limited to a review of the record of the administrative hearing. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. The filing of the appeal does not stay the effective date of the suspension, revocation, or denial. A petition filed under this subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, or denial as expeditiously as possible. The review must be limited to a determination of whether the department has committed any errors of law. The superior court shall accept those factual determinations supported by substantial evidence in the record: (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department. The superior court may reverse, affirm, or modify the decision of the department or remand the case back to the department for further proceedings. The decision of the superior court must be in writing and filed in the clerk's office with the other papers in the case. The court shall state the reasons for the decision. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, or denial it may impose conditions on such stay.
(9)(a) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, or denied under subsection (6) of this section, other than as a result of a breath test refusal, and who has not committed an offense for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (6) of this section, or notifies the department of licensing of the intent to seek such a deferred prosecution, then the license suspension or revocation shall be stayed pending entry of the deferred prosecution. The stay shall not be longer than one hundred fifty days after the date charges are filed, or two years after the date of the arrest, whichever time period is shorter. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license under subsection (5) of this section, for the period of the stay. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary license or extension of a temporary license issued under this subsection.
(b) A suspension, revocation, or denial imposed under this section, other than as a result of a breath test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.
(c) The provisions of (b) of this subsection relating to a stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to the suspension, revocation, denial, or disqualification of a person's commercial driver's license or privilege to operate a commercial motor vehicle.
(10) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.
[ 2022 c 16 s 38; 2019 c 232 s 21; 2016 c 203 s 15; 2015 2nd sp.s. c 3 s 5; 2013 2nd sp.s. c 35 s 36. Prior: 2013 c 3 s 31 (Initiative Measure No. 502, approved November 6, 2012); 2012 c 183 s 7; 2012 c 80 s 12; 2008 c 282 s 2; prior: 2005 c 314 s 307; 2005 c 269 s 1; prior: 2004 c 187 s 1; 2004 c 95 s 2; 2004 c 68 s 2; prior: 1999 c 331 s 2; 1999 c 274 s 2; prior: 1998 c 213 s 1; 1998 c 209 s 1; 1998 c 207 s 7; 1998 c 41 s 4; 1995 c 332 s 1; 1994 c 275 s 13; 1989 c 337 s 8; 1987 c 22 s 1; prior: 1986 c 153 s 5; 1986 c 64 s 1; 1985 c 407 s 3; 1983 c 165 s 2; 1983 c 165 s 1; 1981 c 260 s 11; prior: 1979 ex.s. c 176 s 3; 1979 ex.s. c 136 s 59; 1979 c 158 s 151; 1975 1st ex.s. c 287 s 4; 1969 c 1 s 1 (Initiative Measure No. 242, approved November 5, 1968).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2016 c 203 s 15: "Section 15 of this act takes effect January 1, 2019." [ 2016 c 203 s 21.]
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2012 c 80 ss 5-13: See note following RCW 46.20.055.
Effective date—2008 c 282: "Sections 2, 4 through 8, and 11 through 14 of this act take effect January 1, 2009." [ 2008 c 282 s 23.]
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Effective date—2004 c 187 ss 1, 5, 7, 8, and 10: "Sections 1, 5, 7, 8, and 10 of this act take effect July 1, 2005." [ 2004 c 187 s 11.]
Contingent effect—2004 c 95 s 2: "Section 2 of this act takes effect if section 2 of Substitute House Bill No. 3055 is enacted into law." [ 2004 c 95 s 17.] 2004 c 68 s 2 was enacted into law, effective June 10, 2004.
Finding—Intent—2004 c 68: "The legislature finds that previous attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death caused by drinking drivers continue at unacceptable levels. This act is intended to convey the seriousness with which the legislature views this problem. To that end the legislature seeks to ensure swift and certain consequences for those who drink and drive.
To accomplish this goal, the legislature adopts standards governing the admissibility of tests of a person's blood or breath. These standards will provide a degree of uniformity that is currently lacking, and will reduce the delays caused by challenges to various breath test instrument components and maintenance procedures. Such challenges, while allowed, will no longer go to admissibility of test results. Instead, such challenges are to be considered by the finder of fact in deciding what weight to place upon an admitted blood or breath test result.
The legislature's authority to adopt standards governing the admissibility of evidence involving alcohol is well established by the Washington Supreme Court. See generally State v. Long, 113 Wn.2d 266, 778 P.2d 1027 (1989); State v. Sears, 4 Wn.2d 200, 215, 103 P.2d 337 (1940) (the legislature has the power to enact laws which create rules of evidence); State v. Pavelich, 153 Wash. 379, 279 P. 1102 (1929) ("rules of evidence are substantive law")." [ 2004 c 68 s 1.]
Effective date—1999 c 331: See note following RCW 9.94A.525.
Effective date—1998 c 213: "This act takes effect January 1, 1999." [ 1998 c 213 s 9.]
Effective date—1998 c 209: "This act takes effect January 1, 1999." [ 1998 c 209 s 6.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1995 c 332: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1995 c 332 s 23.]
Effective dates—1995 c 332: "This act shall take effect September 1, 1995, except for sections 13 and 22 of this act which are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1995]." [ 1995 c 332 s 24.]
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—1983 c 165: "The legislature finds that previous attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death caused by drinking drivers have reached unacceptable levels. This act is intended to convey the seriousness with which the legislature views this problem. To that end the legislature seeks to insure swift and certain punishment for those who drink and drive. The legislature does not intend to discourage or deter courts and other agencies from directing or providing treatment for problem drinkers. However, it is the intent that such treatment, where appropriate, be in addition to and not in lieu of the sanctions to be applied to all those convicted of driving while intoxicated." [ 1983 c 165 s 44.]
Effective dates—1983 c 165: "Sections 2, 3 through 12, 14, 16, 18, 22, 24, and 26 of chapter 165, Laws of 1983 shall take effect on January 1, 1986. The remainder of chapter 165, Laws of 1983 is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1983. The director of licensing may immediately take such steps as are necessary to insure that all sections of chapter 165, Laws of 1983 are implemented on their respective effective dates." [ 1984 c 219 s 1; 1983 c 165 s 47.]
Severability—1983 c 165: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 c 165 s 48.]
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Liability of medical personnel withdrawing blood: RCW 46.61.508.
Refusal of test—Admissibility as evidence: RCW 46.61.517.


title: RCW 46.20.3101

text:
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;
(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.
(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, or that the THC concentration of the person's blood was 5.00 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, unless the person successfully completes or is enrolled in a pretrial 24/7 sobriety program;
(b) For a second or subsequent incident within seven years, revocation or denial for two years.
(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 0.02 or more, or that the THC concentration of the person's blood was above 0.00:
(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.
(4) The department shall grant credit on a day-for-day basis for a suspension, revocation, or denial imposed under this section for any portion of a suspension, revocation, or denial already served under RCW 46.61.5055 arising out of the same incident. If a person has already served a suspension, revocation, or denial under RCW 46.61.5055 for a period equal to or greater than the period imposed under this section, the department shall provide notice of full credit, shall provide for no further suspension or revocation under this section, and shall impose no additional reissue fees for this credit.
[ 2020 c 330 s 6; 2016 c 203 s 18; 2013 c 3 s 32 (Initiative Measure No. 502, approved November 6, 2012). Prior: 2004 c 95 s 4; 2004 c 68 s 3; prior: 1998 c 213 s 2; 1998 c 209 s 2; 1998 c 207 s 8; 1995 c 332 s 3.]
Notes:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Finding—Intent—2004 c 68: See note following RCW 46.20.308.
Effective date—1998 c 213: See note following RCW 46.20.308.
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.

catchline: Implied consent—License sanctions, length of.


title: RCW 46.20.311

text:
(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 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 substance use disorder 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 substance use disorder 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 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. The department may waive the requirement for written verification under this subsection if it determines to its satisfaction that a device previously verified as having been installed on a vehicle owned or operated by the person is still installed and functioning or as permitted by RCW 46.20.720(8). 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, 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) Except as provided in RCW 46.20.2892(5), the department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of $75.
(ii) Except as provided in subsection (4) of this section, 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 $170.
(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 $75.
(ii) Except as provided in subsection (4) of this section, 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 $170. 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 substance use disorder 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 substance use disorder 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. The department may waive the requirement for written verification under this subsection if it determines to its satisfaction that a device previously verified as having been installed on a vehicle owned or operated by the person is still installed and functioning or as permitted by RCW 46.20.720(8). 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 $75.
(b) Except as provided in subsection (4) of this section, 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 $170.
(4) When the department reinstates a person's driver's license following a suspension, revocation, or denial under RCW 46.20.3101 or 46.61.5055, and the person is entitled to full day-for-day credit under RCW 46.20.3101(4) or 46.61.5055(9)(b)(ii) for an additional restriction arising from the same incident, the department shall impose no additional reissue fees under subsection (1)(e)(ii), (2)(b)(ii), or (3)(b) of this section associated with the additional restriction.
[ 2025 c 175 s 2; 2021 c 240 s 8; 2020 c 330 s 7; 2016 c 203 s 12; 2006 c 73 s 15; 2005 c 314 s 308; 2004 c 95 s 3; 2003 c 366 s 2; 2001 c 325 s 2; 2000 c 115 s 7; 1998 c 212 s 1; 1997 c 58 s 807; 1995 c 332 s 11; 1994 c 275 s 27; 1993 c 501 s 5; 1990 c 250 s 45; 1988 c 148 s 9. Prior: 1985 c 407 s 4; 1985 c 211 s 1; 1984 c 258 s 325; 1983 c 165 s 18; 1983 c 165 s 17; 1982 c 212 s 5; 1981 c 91 s 1; 1979 ex.s. c 136 s 60; 1973 1st ex.s. c 36 s 1; 1969 c 1 s 2 (Initiative Measure No. 242, approved November 5, 1968); 1967 c 167 s 5; 1965 ex.s. c 121 s 27.]
Notes:
Effective date—2025 c 175: See note following RCW 46.20.2892.
Effective date—2021 c 240: See note following RCW 46.63.060.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—2005 c 314 ss 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.
Part headings not law—2005 c 314: See note following RCW 46.68.035.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 ss 1-10: See note following RCW 46.20.075.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.
Legislative finding—Severability—1988 c 148: See notes following RCW 13.40.265.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Duration of license sanctions—Reissuance or renewal.


title: RCW 46.20.313

text:
(1) The department is authorized to administratively reinstate the license of a person suspended pursuant to RCW 46.20.289(1) prior to January 1, 2023, because the person:
(a) Failed to respond to a notice of traffic infraction for a moving violation;
(b) Failed to appear at a requested hearing for a moving violation;
(c) Violated a written promise to appear in court for a notice of infraction for a moving violation; or
(d) Failed to comply with the terms of a notice of traffic infraction.
(2) No later than 90 days after January 1, 2023, the department shall:
(a) Take reasonable steps to publicize the availability of relief to reinstate a suspended license as provided in this section; and
(b) Create an online application process for persons whose licenses are suspended and may be eligible for reinstatement as provided in this section. The online application process shall allow a person to determine whether the person is eligible to have his or her license reinstated and explain the process for reinstatement. A reissue fee as provided in RCW 46.20.311 shall apply.
(3) A reissue fee as provided in RCW 46.20.311 shall apply to any license reinstated under this section.
[ 2021 c 240 s 11.]
Notes:
Effective date—2021 c 240: See note following RCW 46.63.060.

catchline: Reinstatement.


title: RCW 46.20.315

text:
The department upon suspending or revoking a license shall require that such license shall be surrendered to and be retained by the department.
[ 1985 c 302 s 1; 1965 ex.s. c 121 s 28.]

catchline: Surrender of license.


title: RCW 46.20.317

text:
The department is hereby authorized to place any unlicensed person into a suspended or revoked status under any circumstances which would have resulted in the suspension or revocation of the driver's license had that person been licensed.
[1975-'76 2nd ex.s. c 29 s 2. Formerly RCW 46.20.414.]

catchline: Unlicensed drivers.


title: RCW 46.20.320

text:
Any suspension, revocation, or cancellation of a vehicle driver's license shall be in effect notwithstanding the certificate itself is not delivered over or possession thereof obtained by a court, officer, or the director.
[ 1967 c 32 s 30; 1961 c 12 s 46.20.320. Prior: 1957 c 273 s 10; prior: 1937 c 188 s 66, part; RRS s 6312-66, part; 1923 c 122 s 1, part; 1921 c 108 s 9, part; RRS s 6371, part.]

catchline: Suspension, etc., effective although certificate not delivered.


title: RCW 46.20.322

text:
(1) Whenever the department proposes to suspend or revoke the driving privilege of any person or proposes to impose terms of probation on a person's driving privilege or proposes to refuse to renew a driver's license, notice and an opportunity for a driver improvement interview shall be given before taking such action, except as provided in RCW 46.20.324 and 46.20.325.
(2) Whenever the department proposes to suspend, revoke, restrict, or condition a minor driver's driving privilege the department may require the appearance of the minor's legal guardian or father or mother, otherwise the parent or guardian having custody of the minor.
[ 1979 c 61 s 10; 1973 1st ex.s. c 154 s 88; 1967 c 167 s 6; 1965 ex.s. c 121 s 29.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Interview before suspension, etc.—Exceptions—Appearance of minor's parent or guardian.


title: RCW 46.20.323

text:
The notice shall contain a statement setting forth the proposed action and the grounds therefor, and notify the person to appear for a driver improvement interview not less than ten days from the date notice is given.
[ 1965 ex.s. c 121 s 30.]

catchline: Notice of interview—Contents.


title: RCW 46.20.324

text:
Unless otherwise provided by law, a person shall not be entitled to a driver improvement interview or formal hearing under the provisions of RCW 46.20.322 through 46.20.333 when the person:
(1) Has been granted the opportunity for an administrative review, informal settlement, or formal hearing under RCW 46.20.245, 46.20.308, 46.25.120, 46.65.065, 74.20A.320, or by rule of the department; or
(2) Has refused or neglected to submit to an examination as required by RCW 46.20.305.
[ 2023 c 35 s 9; 2005 c 288 s 6; 1965 ex.s. c 121 s 31.]
Notes:
Effective date—2023 c 35: See note following RCW 46.25.010.
Effective date—2005 c 288: See note following RCW 46.20.245.

catchline: Persons not entitled to interview or hearing.


title: RCW 46.20.325

text:
In the alternative to the procedure set forth in RCW 46.20.322 and 46.20.323 the department, whenever it determines from its records or other sufficient evidence that the safety of persons upon the highways requires such action, shall forthwith and without a driver improvement interview suspend the privilege of a person to operate a motor vehicle or impose reasonable terms and conditions of probation consistent with the safe operation of a motor vehicle. The department shall in such case, immediately notify such licensee in writing and upon his or her request shall afford him or her an opportunity for a driver improvement interview as early as practical within not to exceed seven days after receipt of such request, or the department, at the time it gives notice may set the date of a driver improvement interview, giving not less than ten days' notice thereof.
[ 2010 c 8 s 9021; 1965 ex.s. c 121 s 32.]

catchline: Suspension or probation before interview—Alternative procedure.


title: RCW 46.20.326

text:
Failure to appear for a driver improvement interview at the time and place stated by the department in its notice as provided in RCW 46.20.322 and 46.20.323 or failure to request a driver improvement interview within ten days as provided in RCW 46.20.325 constitutes a waiver of a driver improvement interview, and the department may take action without such driver improvement interview, or the department may, upon request of the person whose privilege to drive may be affected, or at its own option, re-open the case, take evidence, change or set aside any order theretofore made, or grant a driver improvement interview.
[ 1990 c 250 s 46; 1965 ex.s. c 121 s 33.]

catchline: Failure to appear or request interview constitutes waiver—Procedure.


title: RCW 46.20.327

text:
A driver improvement interview shall be conducted in a completely informal manner before a driver improvement analyst sitting as a referee. The applicant or licensee shall have the right to make or file a written answer or statement in which he or she may controvert any point at issue, and present any evidence or arguments for the consideration of the department pertinent to the action taken or proposed to be taken or the grounds therefor. The department may consider its records relating to the applicant or licensee. The driver improvement interview shall not be deemed an agency hearing.
[ 2010 c 8 s 9022; 1965 ex.s. c 121 s 34.]

catchline: Conduct of interview—Referee—Evidence—Not deemed hearing.


title: RCW 46.20.328

text:
Upon the conclusion of a driver improvement interview, the department's referee shall make findings on the matter under consideration and shall notify the person involved in writing. Such findings may be served on a party via electronic distribution, with a party's agreement. The referee's findings shall be final unless the person involved is notified to the contrary within 15 days. The decision is effective upon notice. The person upon receiving such notice may, in writing and within ten days, request a formal hearing.
[ 2025 c 23 s 8; 1979 c 61 s 11; 1965 ex.s. c 121 s 35.]
Notes:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Persons not entitled to formal hearing: RCW 46.20.324.

catchline: Findings and notification after interview—Request for formal hearing.


title: RCW 46.20.329

text:
Upon receiving a request for a formal hearing as provided in RCW 46.20.328, the department shall fix a time and place for hearing, including a remote hearing or an in-person hearing in the county where the applicant or licensee resides, with the concurrence of the applicant or the licensee, as early as may be arranged, and shall give 10 days' notice of the hearing to the applicant or licensee.
Any decision by the department suspending or revoking a person's driving privilege shall be stayed and shall not take effect while a formal hearing is pending as herein provided or during the pendency of a subsequent appeal to superior court: PROVIDED, That this stay shall be effective only so long as there is no conviction of a moving violation or a finding that the person has committed a traffic infraction that is a moving violation during pendency of hearing and appeal: PROVIDED FURTHER, That nothing in this section shall be construed as prohibiting the department from seeking an order setting aside the stay during the pendency of such appeal in those cases where the action of the department is based upon physical or mental incapacity, or a failure to successfully complete an examination required by this chapter.
A formal hearing shall be conducted by a person or persons appointed by the director from among the employees of the department.
[ 2025 c 23 s 9; 1982 c 189 s 4; 1981 c 67 s 28; 1979 ex.s. c 136 s 61; 1972 ex.s. c 29 s 1; 1965 ex.s. c 121 s 36.]
Notes:
Effective date—2025 c 23 ss 1-4 and 6-14: See note following RCW 46.04.480.
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Formal hearing—Procedures, notice, stay.


title: RCW 46.20.331

text:
The director may appoint a designee, or designees, to preside over hearings in adjudicative proceedings that may result in the denial, restriction, suspension, or revocation of a driver's license or driving privilege, or in the imposition of requirements to be met prior to issuance or reissuance of a driver's license, under Title 46 RCW. The director may delegate to any such designees the authority to render the final decision of the department in such proceedings. Chapter 34.12 RCW shall not apply to such proceedings.
[ 1989 c 175 s 111; 1982 c 189 s 3.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1982 c 189: See note following RCW 34.12.020.

catchline: Hearing and decision by director's designee.


title: RCW 46.20.332

text:
At a formal hearing the department shall consider its records and may receive sworn testimony and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers in the manner and subject to the conditions provided in chapter 5.56 RCW relating to the issuance of subpoenas. In addition the department may require a reexamination of the licensee or applicant. Proceedings at a formal hearing shall be recorded stenographically or by mechanical device. Upon the conclusion of a formal hearing, if not heard by the director or a person authorized by him or her to make final decisions regarding the issuance, denial, suspension, or revocation of licenses, the referee or board shall make findings on the matters under consideration and may prepare and submit recommendations to the director or such person designated by the director who is authorized to make final decisions regarding the issuance, denial, suspension, or revocation of licenses.
[ 2010 c 8 s 9023; 1972 ex.s. c 29 s 2; 1965 ex.s. c 121 s 37.]

catchline: Formal hearing—Evidence—Subpoenas—Reexamination—Findings and recommendations.