title: RCW 46.61.5055

text:
(1) No prior offenses in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 24 consecutive hours nor more than 364 days. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(a)(i), the court, in its discretion, may order not less than 15 days of electronic home monitoring or a 90-day period of 24/7 sobriety program monitoring. The court may consider the offender's pretrial 24/7 sobriety program monitoring as fulfilling a portion of posttrial sentencing. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device or other separate alcohol monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $350 nor more than $5,000. $350 of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 48 consecutive hours nor more than 364 days. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(b)(i), the court, in its discretion, may order not less than 30 days of electronic home monitoring or a 120-day period of 24/7 sobriety program monitoring. The court may consider the offender's pretrial 24/7 sobriety program testing as fulfilling a portion of posttrial sentencing. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer or other separate alcohol monitoring device, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $500 nor more than $5,000. $500 of the fine may not be suspended unless the court finds the offender to be indigent.
(2) One prior offense in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 30 days nor more than 364 days and 60 days of electronic home monitoring. Thirty days of imprisonment and 60 days of electronic home monitoring may not be suspended or converted unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. If the offender shows that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being, in lieu of the mandatory term of imprisonment and electronic home monitoring under this subsection (2)(a)(i), the court may order a minimum of either 180 days of electronic home monitoring or a 120-day period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever the mandatory minimum sentence is suspended or converted, the court shall state in writing the reason for granting the suspension or conversion and the facts upon which the suspension or conversion is based. The court may consider the offender's pretrial 24/7 sobriety program monitoring as fulfilling a portion of posttrial sentencing. The court shall order an expanded substance use disorder assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $500 nor more than $5,000. $500 of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 45 days nor more than 364 days and 90 days of electronic home monitoring. Forty-five days of imprisonment and 90 days of electronic home monitoring may not be suspended or converted unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. If the offender shows that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being, in lieu of the mandatory minimum term of imprisonment and electronic home monitoring under this subsection (2)(b)(i), the court may order a minimum of either six months of electronic home monitoring or a 120-day period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever the mandatory minimum sentence is suspended or converted, the court shall state in writing the reason for granting the suspension or conversion and the facts upon which the suspension or conversion is based. The court may consider the offender's pretrial 24/7 sobriety program monitoring as fulfilling a portion of posttrial sentencing. The court shall order an expanded substance use disorder assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $750 nor more than $5,000. $750 of the fine may not be suspended unless the court finds the offender to be indigent.
(3) Two prior offenses in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two prior offenses within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 90 days nor more than 364 days, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and 120 days of electronic home monitoring. Ninety days of imprisonment and 120 days of electronic home monitoring may not be suspended or converted unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. If the offender shows that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being, in lieu of the mandatory minimum term of 90 days of imprisonment and 120 days of electronic home monitoring, the court may order 360 days of electronic home monitoring or a 360-day period of 24/7 sobriety monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever the mandatory minimum sentence is suspended or converted, the court shall state in writing the reason for granting the suspension or conversion and the facts upon which the suspension or conversion is based. The court shall order an expanded substance use disorder assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $1,000 nor more than $5,000. $1,000 of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than 120 days nor more than 364 days, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and 150 days of electronic home monitoring. One hundred twenty days of imprisonment and 150 days of electronic home monitoring may not be suspended or converted unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. If the offender shows that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being, in lieu of the mandatory minimum term of 120 days of imprisonment and 150 days of electronic home monitoring, the court may order 360 days of electronic home monitoring or a 360-day period of 24/7 sobriety monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever the mandatory minimum sentence is suspended or converted, the court shall state in writing the reason for granting the suspension or conversion and the facts upon which the suspension or conversion is based. The offender shall pay for the cost of the electronic monitoring. The court shall order an expanded substance use disorder assessment and treatment, if deemed appropriate by the assessment. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than $1,500 dollars nor more than $5,000. $1,500 of the fine may not be suspended unless the court finds the offender to be indigent.
(4) Three or more prior offenses in 15 years. A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be punished under chapter 9.94A RCW if:
(a) The person has three or more prior offenses within 15 years; or
(b) The person has ever previously been convicted of:
(i) A violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
(ii) A violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of RCW 46.61.502(6) or 46.61.504(6).
(5) Monitoring. (a) Ignition interlock device. The court shall require any person convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance to comply with the rules and requirements of the department regarding the installation and use of a functioning ignition interlock device installed on all motor vehicles operated by the person.
(b) Monitoring devices. If the court orders that a person refrain from consuming any alcohol, the court may order the person to submit to alcohol monitoring through an alcohol detection breathalyzer device, transdermal sensor device, or other technology designed to detect alcohol in a person's system. The person shall pay for the cost of the monitoring, unless the court specifies that the cost of monitoring will be paid with funds that are available from an alternative source identified by the court. The county or municipality where the penalty is being imposed shall determine the cost.
(c) 24/7 sobriety program monitoring. In any county or city where a 24/7 sobriety program is available and verified by the Washington association of sheriffs and police chiefs, the court shall:
(i) Order the person to install and use a functioning ignition interlock or other device in lieu of such period of 24/7 sobriety program monitoring;
(ii) Order the person to a period of 24/7 sobriety program monitoring pursuant to subsections (1) through (3) of this section; or
(iii) Order the person to install and use a functioning ignition interlock or other device in addition to a period of 24/7 sobriety program monitoring pursuant to subsections (1) through (3) of this section.
(6) Penalty for having a minor passenger in vehicle. If a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 committed the offense while one or more passengers under the age of 16 were in the vehicle, the court shall:
(a) Order the use of an ignition interlock or other device for an additional 12 months for each passenger under the age of 16 when the person is subject to the penalties under subsection (1)(a), (2)(a), or (3)(a) of this section; and order the use of an ignition interlock device for an additional 18 months for each passenger under the age of 16 when the person is subject to the penalties under subsection (1)(b), (2)(b), (3)(b), or (4) of this section;
(b) In any case in which the person has no prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional 24 hours of imprisonment to be served consecutively for each passenger under the age of 16, and a fine of not less than $1,000 and not more than $5,000 for each passenger under the age of 16. $1,000 of the fine for each passenger under the age of 16 may not be suspended unless the court finds the offender to be indigent;
(c) In any case in which the person has one prior offense within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional five days of imprisonment to be served consecutively for each passenger under the age of 16, and a fine of not less than $2,000 and not more than $5,000 for each passenger under the age of 16. One thousand dollars of the fine for each passenger under the age of 16 may not be suspended unless the court finds the offender to be indigent;
(d) In any case in which the person has two prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional ten days of imprisonment to be served consecutively for each passenger under the age of 16, and a fine of not less than $3,000 and not more than $10,000 for each passenger under the age of 16. $1,000 of the fine for each passenger under the age of 16 may not be suspended unless the court finds the offender to be indigent.
(7) Other items courts must consider while setting penalties. In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider the following:
(a) Whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property;
(b) Whether at the time of the offense the person was driving or in physical control of a vehicle with one or more passengers;
(c) Whether the driver was driving in the opposite direction of the normal flow of traffic on a multiple lane highway, as defined by RCW 46.04.350, with a posted speed limit of 45 miles per hour or greater; and
(d) Whether a child passenger under the age of 16 was an occupant in the driver's vehicle.
(8) Treatment and information school. An offender punishable under this section is subject to the substance use disorder assessment and treatment provisions of RCW 46.61.5056.
(9) Driver's license privileges of the defendant. (a) The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs must:
(i) Penalty for alcohol concentration less than 0.15. If the person's alcohol concentration was less than 0.15, or if for reasons other than the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(A) Where there has been no prior offense within seven years, be suspended or denied by the department for 90 days or until the person is evaluated by a substance use disorder agency or probation department pursuant to RCW 46.20.311 and the person completes or is enrolled in a 90-day period of 24/7 sobriety program monitoring. In no circumstances shall the license suspension be for fewer than two days;
(B) Where there has been one prior offense within seven years, be revoked or denied by the department for two years or until the person is evaluated by a substance use disorder agency or probation department pursuant to RCW 46.20.311 and the person completes or is enrolled in a six-month period of 24/7 sobriety program monitoring. In no circumstances shall the license suspension be for less than one year; or
(C) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for three years;
(ii) Penalty for alcohol concentration at least 0.15. If the person's alcohol concentration was at least 0.15:
(A) Where there has been no prior offense within seven years, be revoked or denied by the department for one year or until the person is evaluated by a substance use disorder agency or probation department pursuant to RCW 46.20.311 and the person completes or is enrolled in a one hundred twenty day period of 24/7 sobriety program monitoring. In no circumstances shall the license revocation be for fewer than four days;
(B) Where there has been one prior offense within seven years, be revoked or denied by the department for 900 days; or
(C) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years; or
(iii) Penalty for refusing to take test. If by reason of the person's refusal to take a test offered under RCW 46.20.308, there is no test result indicating the person's alcohol concentration:
(A) Where there have been no prior offenses within seven years, be revoked or denied by the department for two years;
(B) Where there has been one prior offense within seven years, be revoked or denied by the department for three years; or
(C) Where there have been two or more previous offenses within seven years, be revoked or denied by the department for four years.
(b)(i) The department shall grant credit on a day-for-day basis for a suspension, revocation, or denial imposed under this subsection (9) for any portion of a suspension, revocation, or denial already served under RCW 46.20.3101 arising out of the same incident.
(ii) If a person has already served a suspension, revocation, or denial under RCW 46.20.3101 for a period equal to or greater than the period imposed under this subsection (9), the department shall provide notice of full credit, shall provide for no further suspension or revocation under this subsection provided the person has completed the requirements under RCW 46.20.311 and paid the probationary license fee under RCW 46.20.355 by the date specified in the notice under RCW 46.20.245, and shall impose no additional reissue fees for this credit.
(c) Upon receipt of a notice from the court under RCW 36.28A.390 that a participant has been removed from a 24/7 sobriety program, the department must resume any suspension, revocation, or denial that had been terminated early under this subsection due to participation in the program, granting credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under RCW 46.20.3101 or this section arising out of the same incident.
(d) Upon its own motion or upon motion by a person, a court may find, on the record, that notice to the department under RCW 46.20.270 has been delayed for three years or more as a result of a clerical or court error. If so, the court may order that the person's license, permit, or nonresident privilege shall not be revoked, suspended, or denied for that offense. The court shall send notice of the finding and order to the department and to the person. Upon receipt of the notice from the court, the department shall not revoke, suspend, or deny the license, permit, or nonresident privilege of the person for that offense.
(e) For purposes of this subsection (9), the department shall refer to the driver's record maintained under RCW 46.52.120 when determining the existence of prior offenses.
(10) Probation of driving privilege. After expiration of any period of suspension, revocation, or denial of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.
(11) Conditions of probation. (a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes up to 364 days in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding five years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive; (ii) not driving a motor vehicle within this state without proof of liability insurance or other financial responsibility for the future pursuant to RCW 46.30.020; (iii) not driving or being in physical control of a motor vehicle within this state while having an alcohol concentration of 0.08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher, within two hours after driving; (iv) not refusing to submit to a test of his or her breath or blood to determine alcohol or drug concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drug; and (v) not driving a motor vehicle in this state without a functioning ignition interlock device as required by the department under RCW 46.20.720. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock device on the probationer's motor vehicle, substance use disorder treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i), (ii), (iii), (iv), or (v) of this subsection, the court shall order the convicted person to be confined for 30 days, which shall not be suspended or deferred.
(c)(i) Except as provided in (c)(ii) of this subsection, for each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for 30 days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by 30 days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection. The person may apply for an ignition interlock driver's license under RCW 46.20.385 during the suspension period.
(ii) For each incident involving a violation of RCW 46.20.342(1)(c), the court has discretion not to impose a suspension when the person provides the court with proof that the violation has been cured within 30 days. The court is not required to notify the department of the violation unless it is not cured within 30 days.
(12) Waiver of electronic home monitoring. A court may waive the electronic home monitoring requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home monitoring system. However, if a court determines that an alcohol monitoring device utilizing wireless reporting technology is reasonably available, the court may require the person to obtain such a device during the period of required electronic home monitoring;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the offender would violate the conditions of the electronic home monitoring penalty.
Whenever the mandatory minimum term of electronic home monitoring is waived, the court shall state in writing the reason for granting the waiver and the facts upon which the waiver is based, and shall impose an alternative sentence with similar punitive consequences. The alternative sentence may include, but is not limited to, use of an ignition interlock device, the 24/7 sobriety program monitoring, additional jail time, work crew, or work camp.
Whenever the combination of jail time and electronic home monitoring or alternative sentence would exceed 364 days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring or alternative portion of the sentence shall be reduced so that the combination does not exceed 364 days.
(13) Extraordinary medical placement. An offender serving a sentence under this section, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the jail administrator subject to the standards and limitations set forth in RCW 9.94A.728(1)(c).
(14) Definitions. For purposes of this section and RCW 46.61.502 and 46.61.504:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;
(iii) A conviction for a violation of RCW 46.25.110 or an equivalent local ordinance;
(iv) A conviction for a violation of RCW 79A.60.040(2) or an equivalent local ordinance;
(v) A conviction for a violation of RCW 79A.60.040(1) or an equivalent local ordinance committed in a reckless manner if the conviction is the result of a charge that was originally filed as a violation of RCW 79A.60.040(2) or an equivalent local ordinance;
(vi) A conviction for a violation of RCW 47.68.220 or an equivalent local ordinance committed while under the influence of intoxicating liquor or any drug;
(vii) A conviction for a violation of RCW 47.68.220 or an equivalent local ordinance committed in a careless or reckless manner if the conviction is the result of a charge that was originally filed as a violation of RCW 47.68.220 or an equivalent local ordinance while under the influence of intoxicating liquor or any drug;
(viii) A conviction for a violation of RCW 46.09.470(2) or an equivalent local ordinance;
(ix) A conviction for a violation of RCW 46.10.490(2) or an equivalent local ordinance;
(x) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug, or a conviction for a violation of RCW 46.61.520 committed in a reckless manner or with the disregard for the safety of others if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
(xi) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug, or a conviction for a violation of RCW 46.61.522 committed in a reckless manner or with the disregard for the safety of others if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
(xii) A conviction for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
(xiii) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (x), (xi), or (xii) of this subsection if committed in this state;
(xiv) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance;
(xv) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
(xvi) A deferred prosecution granted in another state for a violation of driving or having physical control of a vehicle while under the influence of intoxicating liquor or any drug if the out-of-state deferred prosecution is equivalent to the deferred prosecution under chapter 10.05 RCW, including a requirement that the defendant participate in a chemical dependency treatment program; or
(xvii) A deferred sentence imposed in a prosecution for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050, or an equivalent local ordinance, if the charge under which the deferred sentence was imposed was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or a violation of RCW 46.61.520 or 46.61.522;
If a deferred prosecution is revoked based on a subsequent conviction for an offense listed in this subsection (14)(a), the subsequent conviction shall not be treated as a prior offense of the revoked deferred prosecution for the purposes of sentencing;
(b) "Treatment" means substance use disorder treatment licensed or certified by the department of health;
(c) "Within seven years" means that the arrest for a prior offense occurred within seven years before or after the arrest for the current offense; and
(d) "Within 15 years" means that the arrest for a prior offense occurred within 15 years before or after the arrest for the current offense.
(15) All fines imposed by this section apply to adult offenders only.
[ 2024 c 306 s 31; 2020 c 330 s 15; 2018 c 201 s 9009. Prior: 2017 c 336 s 6; 2017 c 335 s 3; prior: 2016 sp.s. c 29 s 530; 2016 c 203 s 17; 2015 2nd sp.s. c 3 s 9; 2015 c 265 s 33; 2014 c 100 s 1; 2013 2nd sp.s. c 35 s 13; prior: 2012 c 183 s 12; 2012 c 42 s 2; 2012 c 28 s 1; prior: 2011 c 293 s 7; 2011 c 96 s 35; 2010 c 269 s 4; 2008 c 282 s 14; 2007 c 474 s 1; 2006 c 73 s 3; 2004 c 95 s 13; 2003 c 103 s 1. Prior: 1999 c 324 s 5; 1999 c 274 s 6; 1999 c 5 s 1; prior: 1998 c 215 s 1; 1998 c 214 s1; 1998 c 211 s 1; 1998 c 210 s 4; 1998 c 207 s 1; 1998 c 206 s 1; prior: 1997 c 229 s 11; 1997 c 66 s 14; 1996 c 307 s 3; 1995 1st sp.s. c 17 s 2; 1995 c 332 s 5.]
Notes:
Effective date—2024 c 306: See note following RCW 9.94A.661.
Effective date—2020 c 330: See note following RCW 9.94A.729.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Finding—2017 c 336: See note following RCW 9.96.060.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Effective date—2010 c 269: See note following RCW 46.20.385.
Effective date—2008 c 282: See note following RCW 46.20.308.
Effective date—2007 c 474: "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, 2007." [ 2007 c 474 s 2.]
Effective date—2006 c 73: See note following RCW 46.61.502.
Severability—1999 c 5: "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." [ 1999 c 5 s 2.]
Effective date—1999 c 5: "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 16, 1999]." [ 1999 c 5 s 3.]
Effective date—1998 c 214: "This act takes effect January 1, 1999." [ 1998 c 214 s 6.]
Effective date—1998 c 211: "This act takes effect January 1, 1999." [ 1998 c 211 s 7.]
Short title—Finding—Intent—Effective date—1998 c 210: See notes following RCW 46.20.720.
Effective date—1998 c 207: "This act takes effect January 1, 1999." [ 1998 c 207 s 12.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 17: See note following RCW 46.20.355.
Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.

catchline: Alcohol and drug violators—Penalty schedule.


doc_type: statute

jurisdiction: wa

title: RCW 46.61.5056

text:
(1) A person subject to substance use disorder assessment and treatment under RCW 46.61.5055 shall be required by the court to complete a course in an alcohol and drug information school licensed or certified by the department of health or to complete more intensive treatment in a substance use disorder treatment program licensed or certified by the department of health, as determined by the court. The court shall notify the department of licensing whenever it orders a person to complete a course or treatment program under this section.
(2) A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by a substance use disorder treatment program licensed or certified by the department of health or a qualified probation department approved by the department of social and health services. A copy of the report shall be forwarded to the court and the department of licensing. Based on the diagnostic evaluation, the court shall determine whether the person shall be required to complete a course in an alcohol and drug information school licensed or certified by the department of health or more intensive treatment in an approved substance use disorder treatment program licensed or certified by the department of health.
(3) Standards for approval for substance use disorder treatment programs shall be prescribed by the department of health. The department of health shall periodically review the costs of alcohol and drug information schools and treatment programs.
(4) Any agency that provides treatment ordered under RCW 46.61.5055, shall immediately report to the appropriate probation department where applicable, otherwise to the court, and to the department of licensing any noncompliance by a person with the conditions of his or her ordered treatment. The court shall notify the department of licensing and the department of health of any failure by an agency to so report noncompliance. Any agency with knowledge of noncompliance that fails to so report shall be fined two hundred fifty dollars by the department of health. Upon three such failures by an agency within one year, the department of health shall revoke the agency's license or certification under this section.
(5) The department of licensing and the department of health may adopt such rules as are necessary to carry out this section.
[ 2020 c 330 s 16; 2018 c 201 s 9010; 2016 sp.s. c 29 s 531; 2011 c 293 s 13; 1995 c 332 s 14; 1994 c 275 s 9.]
Notes:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
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.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Alcohol and drug violators—Information school—Evaluation and treatment.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 46.61.50571

text:
(1) A defendant who is charged with an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol or cannabis as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, shall be required to appear in person before a judicial officer within one judicial day after the arrest if the defendant is served with a citation or complaint at the time of the arrest. A court may by local court rule waive the requirement for appearance within one judicial day if it provides for the appearance at the earliest practicable day following arrest and establishes the method for identifying that day in the rule.
(2) A defendant who is charged with an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol or cannabis as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, and who is not served with a citation or complaint at the time of the incident, shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.
(3) At the time of an appearance required by this section, the court shall determine the necessity of imposing conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment.
(4) Appearances required by this section are mandatory and may not be waived.
(5) If electronic monitoring or alcohol abstinence monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring or abstinence monitoring.
[ 2022 c 16 s 43; 2015 3rd sp.s. c 35 s 2; 2013 c 3 s 36 (Initiative Measure No. 502, approved November 6, 2012); 2000 c 52 s 1; 1999 c 114 s 1; 1998 c 214 s 5.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Effective date—1998 c 214: See note following RCW 46.61.5055.

catchline: Alcohol or cannabis violators—Mandatory appearances—Electronic monitoring or alcohol abstinence monitoring.


title: RCW 46.61.5058

text:
(1) Upon the arrest of a person or upon the filing of a complaint, citation, or information in a court of competent jurisdiction, based upon probable cause to believe that a person has violated RCW 46.20.740, 46.61.502, or 46.61.504 or any similar municipal ordinance, if such person has a prior offense within seven years as defined in RCW 46.61.5055, and where the person has been provided written notice that any transfer, sale, or encumbrance of such person's interest in the vehicle over which that person was actually driving or had physical control when the violation occurred, is unlawful pending either acquittal, dismissal, sixty days after conviction, or other termination of the charge, such person shall be prohibited from encumbering, selling, or transferring his or her interest in such vehicle, except as otherwise provided in (a), (b), and (c) of this subsection, until either acquittal, dismissal, sixty days after conviction, or other termination of the charge. The prohibition against transfer of title shall not be stayed pending the determination of an appeal from the conviction.
(a) A vehicle encumbered by a bona fide security interest may be transferred to the secured party or to a person designated by the secured party;
(b) A leased or rented vehicle may be transferred to the lessor, rental agency, or to a person designated by the lessor or rental agency; and
(c) A vehicle may be transferred to a third party or a vehicle dealer who is a bona fide purchaser or may be subject to a bona fide security interest in the vehicle unless it is established that (i) in the case of a purchase by a third party or vehicle dealer, such party or dealer had actual notice that the vehicle was subject to the prohibition prior to the purchase, or (ii) in the case of a security interest, the holder of the security interest had actual notice that the vehicle was subject to the prohibition prior to the encumbrance of title.
(2) On conviction for a violation of either RCW 46.20.740, 46.61.502, or 46.61.504 or any similar municipal ordinance where the person convicted has a prior offense within seven years as defined in RCW 46.61.5055, the motor vehicle the person was driving or over which the person had actual physical control at the time of the offense, if the person has a financial interest in the vehicle, the court shall consider at sentencing whether the vehicle shall be seized and forfeited pursuant to this section if a seizure or forfeiture has not yet occurred.
(3) A vehicle subject to forfeiture under this chapter may be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a vehicle may be made without process if the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.
(4) Seizure under subsection (3) of this section automatically commences proceedings for forfeiture, which proceedings are governed by chapter 7.120 RCW.
(5) When a vehicle is forfeited under this chapter the seizing law enforcement agency may sell the vehicle, retain it for official use, or upon application by a law enforcement agency of this state release the vehicle to that agency for the exclusive use of enforcing this title; provided, however, that the agency shall first satisfy any bona fide security interest to which the vehicle is subject under subsection (1)(a) or (c) of this section.
(6) When a vehicle is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the vehicle, the disposition of the vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized from disposition of the vehicle.
(7) Each seizing agency shall retain records of forfeited vehicles for at least seven years.
[ 2025 c 306 s 11; 2022 c 162 s 2; 2013 2nd sp.s. c 35 s 18; 2009 c 479 s 38; 1998 c 207 s 2; 1995 c 332 s 6; 1994 c 139 s 1.]
Notes:
Application—Effective date—2025 c 306: See notes following RCW 7.120.010.
Effective date—2022 c 162: See note following RCW 69.50.505.
Effective date—2009 c 479: See note following RCW 2.56.030.
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: Alcohol violators—Vehicle seizure and forfeiture.


title: RCW 46.61.506

text:
(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the person's alcohol concentration is less than 0.08 or the person's THC concentration is less than 5.00, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug.
(2)(a) The breath analysis of the person's alcohol concentration shall be based upon grams of alcohol per 210 liters of breath.
(b) The blood analysis of the person's THC concentration shall be based upon nanograms per milliliter of whole blood.
(c) The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.
(3)(a) Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been performed by either:
(i) An individual employing methods approved by the state toxicologist and possessing a valid permit issued by the state toxicologist for this purpose, as described in (b) of this subsection; or
(ii) A laboratory certified or accredited pursuant to the international organization for standardization and the international electrotechnical commission's ISO/IEC 17025 standard for forensic toxicology testing. Local governments may accept donations from private nongovernmental entities to facilitate the analysis of blood or breath under this subsection. Local governments have no duty to fund the analysis of blood or breath under this subsection.
(b) The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.
(4)(a) A city or county that wishes to request previously submitted evidence from the state toxicological laboratory for the purpose of testing under subsection (3)(a)(ii) of this section must contract with the Washington state patrol to reimburse the Washington state patrol's costs.
(b) The contract must provide for reimbursement by the requesting city or county for the costs associated with packaging, handling, and transporting the evidence and related materials to the requesting city or county.
(c) The state toxicological laboratory is not required to release or return evidence under this subsection unless a contract is in place.
(d) A city or county that uses a laboratory under subsection (3)(a)(ii) of this section must contract with the laboratory prior to submitting evidence to the laboratory for analysis of a person's blood or breath. The contract must include:
(i) A requirement that laboratory personnel who perform the blood or breath analysis will be available for a defense interview at no cost to the defendant, provided that the defense requests the interview at least 30 days prior to the scheduled trial date. If the laboratory report is disclosed fewer than 30 days before trial, the interview request must be made within 10 days of disclosure. The interview may be conducted virtually, telephonically, or by other means mutually agreed to by the parties; and
(ii) A requirement that laboratory personnel who perform the blood or breath analysis agree to accept electronic service of pleadings, discovery, and subpoena requests pursuant to applicable court rules.
(5)(a) A breath test performed by any instrument approved by the state toxicologist shall be admissible at trial or in an administrative proceeding if the prosecution or department produces prima facie evidence of the following:
(i) The person who performed the test was authorized to perform such test by the state toxicologist;
(ii) The person being tested did not vomit or have anything to eat, drink, or smoke for at least 15 minutes prior to administration of the test;
(iii) The person being tested did not have any foreign substances, not to include dental work or piercings, fixed or removable, in his or her mouth at the beginning of the 15-minute observation period;
(iv) Prior to the start of the test, the temperature of any liquid simulator solution utilized as an external standard, as measured by a thermometer approved of by the state toxicologist was 34 degrees centigrade plus or minus 0.3 degrees centigrade;
(v) The internal standard test resulted in the message "verified";
(vi) The two breath samples agree to within plus or minus 10 percent of their mean to be determined by the method approved by the state toxicologist;
(vii) The result of the test of the liquid simulator solution external standard or dry gas external standard result did lie between .072 to .088 inclusive; and
(viii) All blank tests gave results of .000.
(b) For purposes of this section, "prima facie evidence" is evidence of sufficient circumstances that would support a logical and reasonable inference of the facts sought to be proved. In assessing whether there is sufficient evidence of the foundational facts, the court or administrative tribunal is to assume the truth of the prosecution's or department's evidence and all reasonable inferences from it in a light most favorable to the prosecution or department.
(c) Nothing in this section shall be deemed to prevent the subject of the test from challenging the reliability or accuracy of the test, the reliability or functioning of the instrument, or any maintenance procedures. Such challenges, however, shall not preclude the admissibility of the test once the prosecution or department has made a prima facie showing of the requirements contained in (a) of this subsection. Instead, such challenges may be considered by the trier of fact in determining what weight to give to the test result.
(6) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcohol or drug content may be performed only by a physician licensed under chapter 18.71 RCW; an osteopathic physician licensed under chapter 18.57 RCW; a registered nurse, licensed practical nurse, or *advanced registered nurse practitioner licensed under chapter 18.79 RCW; a physician assistant licensed under chapter 18.71A RCW; an advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or a medical assistant-certified or medical assistant-phlebotomist certified under chapter 18.360 RCW, a person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or a forensic phlebotomist certified under chapter 18.360 RCW. When the blood test is performed outside the state of Washington, the withdrawal of blood for the purpose of determining its alcohol or drug content may be performed by any person who is authorized by the out-of-state jurisdiction to perform venous blood draws. Proof of qualification to draw blood may be established through the department of health's provider credential search. This limitation shall not apply to the taking of breath specimens.
(7) When a venous blood sample is performed by a forensic phlebotomist certified under chapter 18.360 RCW, it must be done under the following conditions:
(a) If taken at the scene, it must be performed in an ambulance or aid service vehicle licensed by the department of health under chapter 18.73 RCW.
(b) The collection of blood samples must not interfere with the provision of essential medical care.
(c) The blood sample must be collected using sterile equipment and the skin area of puncture must be thoroughly cleansed and disinfected.
(d) The person whose blood is collected must be seated, reclined, or lying down when the blood is collected.
(8) The person tested may have a licensed or certified health care provider listed in subsection (6) of this section, or a qualified technician, chemist, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The test will be admissible if the person establishes the general acceptability of the testing technique or method. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(9) Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.
[ 2026 c 108 s 1; 2020 c 80 s 33; 2017 c 336 s 7; 2016 c 203 s 8; 2015 2nd sp.s. c 3 s 22; 2013 c 3 s 37 (Initiative Measure No. 502, approved November 6, 2012); 2010 c 53 s 1; 2004 c 68 s 4; 1998 c 213 s 6; 1995 c 332 s 18; 1994 c 275 s 26; 1987 c 373 s 4; 1986 c 153 s 4; 1979 ex.s. c 176 s 5; 1975 1st ex.s. c 287 s 1; 1969 c 1 s 3 (Initiative Measure No. 242, approved November 5, 1968).]
Notes:
Rules of court: Evidence of Breathalyzer, BAC Verifier, simulator solution tests—CrRLJ 6.13.
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Expiration date—2026 c 108 s 1: "Section 1 of this act expires June 30, 2027." [ 2026 c 108 s 3.]
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
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.
Finding—Intent—2004 c 68: See note following RCW 46.20.308.
Effective date—1998 c 213: See note following RCW 46.20.308.
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, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Arrest of driver under influence of intoxicating liquor or drugs: RCW 10.31.100.
PDF
RCW 46.61.506
Persons under influence of intoxicating liquor or drug—Evidence—Tests—Information concerning tests. (Effective June 30, 2027.)
(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the person's alcohol concentration is less than 0.08 or the person's THC concentration is less than 5.00, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug.
(2)(a) The breath analysis of the person's alcohol concentration shall be based upon grams of alcohol per 210 liters of breath.
(b) The blood analysis of the person's THC concentration shall be based upon nanograms per milliliter of whole blood.
(c) The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.
(3)(a) Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504 shall have been performed by either:
(i) An individual employing methods approved by the state toxicologist and possessing a valid permit issued by the state toxicologist for this purpose, as described in (b) of this subsection; or
(ii) A laboratory certified or accredited pursuant to the international organization for standardization and the international electrotechnical commission's ISO/IEC 17025 standard for forensic toxicology testing. Local governments may accept donations from private nongovernmental entities to facilitate the analysis of blood or breath under this subsection. Local governments have no duty to fund the analysis of blood or breath under this subsection.
(b) The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.
(4)(a) A city or county that wishes to request previously submitted evidence from the state toxicological laboratory for the purpose of testing under subsection (3)(a)(ii) of this section must contract with the Washington state patrol to reimburse the Washington state patrol's costs.
(b) The contract must provide for reimbursement by the requesting city or county for the costs associated with packaging, handling, and transporting the evidence and related materials to the requesting city or county.
(c) The state toxicological laboratory is not required to release or return evidence under this subsection unless a contract is in place.
(d) A city or county that uses a laboratory under subsection (3)(a)(ii) of this section must contract with the laboratory prior to submitting evidence to the laboratory for analysis of a person's blood or breath. The contract must include:
(i) A requirement that laboratory personnel who perform the blood or breath analysis will be available for a defense interview at no cost to the defendant, provided that the defense requests the interview at least 30 days prior to the scheduled trial date. If the laboratory report is disclosed fewer than 30 days before trial, the interview request must be made within 10 days of disclosure. The interview may be conducted virtually, telephonically, or by other means mutually agreed to by the parties; and
(ii) A requirement that laboratory personnel who perform the blood or breath analysis agree to accept electronic service of pleadings, discovery, and subpoena requests pursuant to applicable court rules.
(5)(a) A breath test performed by any instrument approved by the state toxicologist shall be admissible at trial or in an administrative proceeding if the prosecution or department produces prima facie evidence of the following:
(i) The person who performed the test was authorized to perform such test by the state toxicologist;
(ii) The person being tested did not vomit or have anything to eat, drink, or smoke for at least 15 minutes prior to administration of the test;
(iii) The person being tested did not have any foreign substances, not to include dental work or piercings, fixed or removable, in his or her mouth at the beginning of the 15-minute observation period;
(iv) Prior to the start of the test, the temperature of any liquid simulator solution utilized as an external standard, as measured by a thermometer approved of by the state toxicologist was 34 degrees centigrade plus or minus 0.3 degrees centigrade;
(v) The internal standard test resulted in the message "verified";
(vi) The two breath samples agree to within plus or minus 10 percent of their mean to be determined by the method approved by the state toxicologist;
(vii) The result of the test of the liquid simulator solution external standard or dry gas external standard result did lie between .072 to .088 inclusive; and
(viii) All blank tests gave results of .000.
(b) For purposes of this section, "prima facie evidence" is evidence of sufficient circumstances that would support a logical and reasonable inference of the facts sought to be proved. In assessing whether there is sufficient evidence of the foundational facts, the court or administrative tribunal is to assume the truth of the prosecution's or department's evidence and all reasonable inferences from it in a light most favorable to the prosecution or department.
(c) Nothing in this section shall be deemed to prevent the subject of the test from challenging the reliability or accuracy of the test, the reliability or functioning of the instrument, or any maintenance procedures. Such challenges, however, shall not preclude the admissibility of the test once the prosecution or department has made a prima facie showing of the requirements contained in (a) of this subsection. Instead, such challenges may be considered by the trier of fact in determining what weight to give to the test result.
(6) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcohol or drug content may be performed only by a physician licensed under chapter 18.71 RCW; an osteopathic physician licensed under chapter 18.57 RCW; a registered nurse, licensed practical nurse, or advanced practice registered nurse licensed under chapter 18.79 RCW; a physician assistant licensed under chapter 18.71A RCW; an advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or a medical assistant-certified or medical assistant-phlebotomist certified under chapter 18.360 RCW, a person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or a forensic phlebotomist certified under chapter 18.360 RCW. When the blood test is performed outside the state of Washington, the withdrawal of blood for the purpose of determining its alcohol or drug content may be performed by any person who is authorized by the out-of-state jurisdiction to perform venous blood draws. Proof of qualification to draw blood may be established through the department of health's provider credential search. This limitation shall not apply to the taking of breath specimens.
(7) When a venous blood sample is performed by a forensic phlebotomist certified under chapter 18.360 RCW, it must be done under the following conditions:
(a) If taken at the scene, it must be performed in an ambulance or aid service vehicle licensed by the department of health under chapter 18.73 RCW.
(b) The collection of blood samples must not interfere with the provision of essential medical care.
(c) The blood sample must be collected using sterile equipment and the skin area of puncture must be thoroughly cleansed and disinfected.
(d) The person whose blood is collected must be seated, reclined, or lying down when the blood is collected.
(8) The person tested may have a licensed or certified health care provider listed in subsection (6) of this section, or a qualified technician, chemist, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The test will be admissible if the person establishes the general acceptability of the testing technique or method. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(9) Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.
[ 2026 c 108 s 2; 2025 c 58 s 5097; 2020 c 80 s 33; 2017 c 336 s 7; 2016 c 203 s 8; 2015 2nd sp.s. c 3 s 22; 2013 c 3 s 37 (Initiative Measure No. 502, approved November 6, 2012); 2010 c 53 s 1; 2004 c 68 s 4; 1998 c 213 s 6; 1995 c 332 s 18; 1994 c 275 s 26; 1987 c 373 s 4; 1986 c 153 s 4; 1979 ex.s. c 176 s 5; 1975 1st ex.s. c 287 s 1; 1969 c 1 s 3 (Initiative Measure No. 242, approved November 5, 1968).]
Notes:
Rules of court: Evidence of Breathalyzer, BAC Verifier, simulator solution tests—CrRLJ 6.13.
Effective date—2026 c 108 s 2: "Section 2 of this act takes effect June 30, 2027." [ 2026 c 108 s 4.]
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
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.
Finding—Intent—2004 c 68: See note following RCW 46.20.308.
Effective date—1998 c 213: See note following RCW 46.20.308.
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, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Arrest of driver under influence of intoxicating liquor or drugs: RCW 10.31.100.

catchline: Persons under influence of intoxicating liquor or drug—Evidence—Tests—Information concerning tests. (Effective until June 30, 2027.)


title: RCW 46.61.5062

text:
(1) Any law enforcement agency utilizing oral fluid roadside information as part of the enforcement of driving under the influence laws must ensure the following:
(a) The oral fluid test instrument or instruments to be used are valid and reliable;
(b) Any peace officer who may administer an oral fluid test is properly trained in the administration of the test;
(c) Prior to administering the test, the administering peace officer advises the subject of the following information:
(i) The test is voluntary, and does not constitute compliance with the implied consent requirement of RCW 46.20.308;
(ii) Test results may not be used against the person in a court of law; and
(iii) Submission to the test is not an alternative to any evidentiary breath or blood test; and
(d) The law enforcement agency establishes policies to protect personally identifying information from unnecessary and improper dissemination including, but not limited to:
(i) Destruction of biological samples from oral fluid tests as soon as practicable after collection of test results; and
(ii) Prohibitions against entering DNA samples or results from such tests into any database.
(2) Any law enforcement agency administering an oral fluid roadside test as authorized in this section or RCW 9.94A.661 is strictly liable for (a) any failure to destroy biological samples from such tests within 24 hours or (b) unlawful entry of DNA samples or results from such tests into any database.
[ 2024 c 306 s 33.]
Notes:
Effective date—2024 c 306: See note following RCW 9.94A.661.

catchline: Driving under the influence—Oral fluid roadside test.


title: RCW 46.61.507

text:
(1) In every case where a person is arrested for a violation of RCW 46.61.502 or 46.61.504, the law enforcement officer shall make a clear notation if a child under the age of sixteen was present in the vehicle.
(2) A law enforcement officer shall promptly notify child protective services whenever a child is present in a vehicle being driven by his or her parent, guardian, legal custodian, or sibling or half-sibling and that person is being arrested for a drug or alcohol-related driving offense. This section does not require law enforcement to take custody of the child unless there is no other responsible person, or an agency having the right to physical custody of the child that can be contacted, or the officer has reasonable grounds to believe the child should be taken into custody pursuant to RCW 13.34.050 or 26.44.050.
(3) For purposes of this section, "child" means any person under sixteen years of age.
[ 2012 c 42 s 1; 2010 c 214 s 1.]
Notes:
Reviser's note: The same language introduced by 2010 c 214 s 1 was codified under RCW 26.44.250 pursuant to 2010 c 214 s 2. However, the amendments made to this section pursuant to 2012 c 42 s 1 were not duplicated in RCW 26.44.250.

catchline: Arrest upon driving under the influence or being in physical control of vehicle under the influence, notation required if child is present—Arrest upon drug or alcohol-related driving offense, child protective services notified if child is present and operator is child's parent, guardian, or custodian.


title: RCW 46.61.508

text:
No physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; registered nurse, licensed practical nurse, or *advanced registered nurse practitioner licensed under chapter 18.79 RCW; physician assistant licensed under chapter 18.71A RCW; advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or medical assistant-certified or medical assistant-phlebotomist certified under chapter 18.360 RCW, person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or forensic phlebotomist certified under chapter 18.360 RCW, or hospital, or duly licensed clinical laboratory employing or utilizing services of such licensed or certified health care provider, shall incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law enforcement officer to do so for the purpose of a blood test under the provisions of a search warrant, a waiver of the search warrant requirement, exigent circumstances, or any other authority of law: PROVIDED, That nothing in this section shall relieve such licensed or certified health care provider, hospital or duly licensed clinical laboratory, or forensic phlebotomist from civil liability arising from the use of improper procedures or failing to exercise the required standard of care.
[ 2020 c 80 s 34; 2017 c 336 s 8; 2015 2nd sp.s. c 3 s 23; 1977 ex.s. c 143 s 1.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.
PDF
RCW 46.61.508
Liability of medical personnel withdrawing blood. (Effective June 30, 2027.)
No physician licensed under chapter 18.71 RCW; osteopathic physician licensed under chapter 18.57 RCW; registered nurse, licensed practical nurse, or advanced practice registered nurse licensed under chapter 18.79 RCW; physician assistant licensed under chapter 18.71A RCW; advanced emergency medical technician or paramedic certified under chapter 18.71 RCW; or medical assistant-certified or medical assistant-phlebotomist certified under chapter 18.360 RCW, person holding another credential under Title 18 RCW whose scope of practice includes performing venous blood draws, or forensic phlebotomist certified under chapter 18.360 RCW, or hospital, or duly licensed clinical laboratory employing or utilizing services of such licensed or certified health care provider, shall incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law enforcement officer to do so for the purpose of a blood test under the provisions of a search warrant, a waiver of the search warrant requirement, exigent circumstances, or any other authority of law: PROVIDED, That nothing in this section shall relieve such licensed or certified health care provider, hospital or duly licensed clinical laboratory, or forensic phlebotomist from civil liability arising from the use of improper procedures or failing to exercise the required standard of care.
[ 2025 c 58 s 5098; 2020 c 80 s 34; 2017 c 336 s 8; 2015 2nd sp.s. c 3 s 23; 1977 ex.s. c 143 s 1.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 2nd sp.s. c 3: See note following RCW 10.21.055.

catchline: Liability of medical personnel withdrawing blood. (Effective until June 30, 2027.)


title: RCW 46.61.513

text:
(1) Immediately before the court defers prosecution under RCW 10.05.020, dismisses a charge, or orders a sentence for any offense listed in subsection (2) of this section, the court and prosecutor shall verify the defendant's criminal history and driving record. The order shall include specific findings as to the criminal history and driving record. For purposes of this section, the criminal history shall include all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in subsection (3) of this section before the date of the order. For purposes of this section, the driving record shall include all information reported to the court by the department of licensing.
(2) The offenses to which this section applies are violations of: (a) RCW 46.61.502 or an equivalent local ordinance; (b) RCW 46.61.504 or an equivalent local ordinance; (c) RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug; (d) RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug; and (e) RCW 46.61.5249, 46.61.500, or 9A.36.050, or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.
(3) The periods applicable to previous convictions and orders of deferred prosecution are: (a) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and (b) seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis.
[ 1998 c 211 s 5.]
Notes:
Effective date—1998 c 211: See note following RCW 46.61.5055.

catchline: Criminal history and driving record.


title: RCW 46.61.5151

text:
A sentencing court may allow a person convicted of a nonfelony violation of RCW 46.61.502 or 46.61.504 to fulfill the terms of the sentence provided in RCW 46.61.5055 in nonconsecutive or intermittent time periods. However, any mandatory minimum sentence under RCW 46.61.5055 shall be served consecutively unless suspended or deferred as otherwise provided by law.
[ 2006 c 73 s 18; 1995 c 332 s 15; 1994 c 275 s 39; 1983 c 165 s 33.]
Notes:
Effective date—2006 c 73: See note following RCW 46.61.502.
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, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.


title: RCW 46.61.5152

text:
In addition to penalties that may be imposed under RCW 46.61.5055, the court may require a person who is convicted of a nonfelony violation of RCW 46.61.502 or 46.61.504 or who enters a deferred prosecution program under RCW 10.05.020 based on a nonfelony violation of RCW 46.61.502 or 46.61.504, to attend an educational program, such as a victim impact panel, focusing on the emotional, physical, and financial suffering of victims who were injured by persons convicted of driving while under the influence of intoxicants. The victim impact panel program must meet the minimum standards established under RCW 10.01.230.
[ 2011 c 293 s 14; 2006 c 73 s 17; 1998 c 41 s 9; 1994 c 275 s 40; 1992 c 64 s 1.]
Notes:
Effective date—2006 c 73: See note following RCW 46.61.502.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.

catchline: Attendance at program focusing on victims.


title: RCW 46.61.516

text:
A qualified probation department means a probation department for a district or municipal court that has a sufficient number of qualified alcohol assessment officers who meet the requirements of a qualified alcoholism counselor as provided by rule of the department of social and health services, except that the required hours of supervised work experience in an alcoholism agency may be satisfied by completing an equivalent number of hours of supervised work doing alcohol assessments within a probation department.
[ 1983 c 150 s 2.]

catchline: Qualified probation department defined.


title: RCW 46.61.517

text:
The refusal of a person to submit to a test of the alcohol or drug concentration in the person's breath under RCW 46.20.308 is admissible into evidence at a subsequent criminal trial. The refusal of a person to submit to a test of the person's blood is admissible into evidence at a subsequent criminal trial when a search warrant, or an exception to the search warrant, authorized the seizure.
[ 2017 c 336 s 10; 2001 c 142 s 1; 1987 c 373 s 5; 1986 c 64 s 2; 1985 c 352 s 21; 1983 c 165 s 27.]
Notes:
Finding—2017 c 336: See note following RCW 9.96.060.
Legislative finding, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.
Severability—1985 c 352: See note following RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.

catchline: Refusal of tests—Admissibility as evidence.


title: RCW 46.61.519

text:
(1) It is a traffic infraction to drink any alcoholic beverage in a motor vehicle when the vehicle is upon a highway.
(2) It is a traffic infraction for a person to have in his or her possession while in a motor vehicle upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage if the container has been opened or a seal broken or the contents partially removed.
(3) It is a traffic infraction for the registered owner of a motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the vehicle is upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage which has been opened or a seal broken or the contents partially removed, unless the container is kept in the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers.
(4) This section does not apply to a public conveyance that has been commercially chartered for group use or to the living quarters of a motor home or camper or, except as otherwise provided by RCW 66.44.250 or local law, to any passenger for compensation in a for hire vehicle licensed under city, county, or state law, or to a privately owned vehicle operated by a person possessing a valid operator's license endorsed for the appropriate classification under chapter 46.25 RCW in the course of his or her usual employment transporting passengers at the employer's direction: PROVIDED, That nothing in this subsection shall be construed to authorize possession or consumption of an alcoholic beverage by the operator of any vehicle while upon a highway.
[ 2010 c 8 s 9071; 1989 c 178 s 26; 1984 c 274 s 1; 1983 c 165 s 28.]
Notes:
Effective dates—1989 c 178: See RCW 46.25.901.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through 46.20.750.

catchline: Alcoholic beverages—Drinking or open container in vehicle on highway—Exceptions.


title: RCW 46.61.5191

text:
Nothing in RCW 46.61.519 or RCW 46.61.5191 prohibits any city or town from enacting a local ordinance that proscribes the acts proscribed by those sections and that provides penalties equal to or greater than the penalties provided in those sections.
[ 1984 c 274 s 2.]

catchline: Local ordinances not prohibited.


title: RCW 46.61.5195

text:
(1) It is a traffic infraction to incorrectly label the original container of an alcoholic beverage and to then violate RCW 46.61.519.
(2) It is a traffic infraction to place an alcoholic beverage in a container specifically labeled by the manufacturer of the container as containing a nonalcoholic beverage and to then violate RCW 46.61.519.
[ 1984 c 274 s 3.]
Notes:
Ignition interlocks, biological, technical devices: RCW 46.20.710 through 46.20.750.

catchline: Disguising alcoholic beverage container.


title: RCW 46.61.520

text:
(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or
(b) In a reckless manner; or
(c) With disregard for the safety of others.
(2) Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055.
[ 1998 c 211 s 2; 1996 c 199 s 7; 1991 c 348 s 1; 1983 c 164 s 1; 1975 1st ex.s. c 287 s 3; 1973 2nd ex.s. c 38 s 2; 1970 ex.s. c 49 s 5; 1965 ex.s. c 155 s 63; 1961 c 12 s 46.56.040. Prior: 1937 c 189 s 120; RRS s 6360-120. Formerly RCW 46.56.040.]
Notes:
Effective date—1998 c 211: See note following RCW 46.61.5055.
Severability—1996 c 199: See note following RCW 9.94A.505.
Effective date—1991 c 348: "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 shall take effect July 1, 1991." [ 1991 c 348 s 5.]
Severability—1973 2nd ex.s. c 38: See note following RCW 69.50.101.
Severability—1970 ex.s. c 49: See note following RCW 9.69.100.
Criminal history and driving record: RCW 46.61.513.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through 46.20.750.
Suspension or revocation of license upon conviction of vehicular homicide or assault: RCW 46.20.285, 46.20.291.

catchline: Vehicular homicide—Penalty.


title: RCW 46.61.522

text:
(1) A person is guilty of vehicular assault if he or she operates or drives any vehicle:
(a) In a reckless manner and causes substantial bodily harm to another; or
(b) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502, and causes substantial bodily harm to another; or
(c) With disregard for the safety of others and causes substantial bodily harm to another.
(2) Vehicular assault is a class B felony punishable under chapter 9A.20 RCW.
(3) As used in this section, "substantial bodily harm" has the same meaning as in RCW 9A.04.110.
[ 2001 c 300 s 1; 1996 c 199 s 8; 1983 c 164 s 2.]
Notes:
Severability—1996 c 199: See note following RCW 9.94A.505.
Criminal history and driving record: RCW 46.61.513.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through 46.20.750.

catchline: Vehicular assault—Penalty.


title: RCW 46.61.524

text:
As provided for under RCW 46.20.285, the department shall revoke the license, permit to drive, or a nonresident privilege of a person convicted of vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522. The department shall determine the eligibility of a person convicted of vehicular homicide under RCW 46.61.520(1)(a) or vehicular assault under RCW 46.61.522(1)(b) to receive a license based upon the report provided by the designated substance use disorder treatment facility or probation department designated pursuant to RCW 9.94A.703(4)(b), and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified.
[ 2020 c 330 s 17; 2008 c 231 s 46; 2006 c 73 s 16; 2001 c 64 s 7; 2000 c 28 s 40; 1991 c 348 s 2.]
Notes:
Effective date—2020 c 330: See note following RCW 9.94A.729.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2006 c 73: See note following RCW 46.61.502.
Technical correction bill—2000 c 28: See note following RCW 9.94A.015.
Effective date—2000 c 28: See RCW 9.94A.921.
Effective date—1991 c 348: See note following RCW 46.61.520.

catchline: Vehicular homicide, assault—Revocation of driving privilege—Eligibility for reinstatement.


title: RCW 46.61.5249

text:
(1)(a) A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or cannabis or any drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.
(b) It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed any drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings.
(c) Negligent driving in the first degree is a misdemeanor.
(2) For the purposes of this section:
(a) "Negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.
(b) "Exhibiting the effects of having consumed liquor, cannabis, or any drug" means that a person has the odor of liquor, cannabis, or any drug on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, cannabis, or any drug, and either:
(i) Is in possession of or in close proximity to a container that has or recently had liquor, cannabis, or any drug in it; or
(ii) Is shown by other evidence to have recently consumed liquor, cannabis, or any drug.
(c) "Exhibiting the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects" means that a person by speech, manner, appearance, behavior, or lack of coordination or otherwise exhibits that he or she has inhaled or ingested a chemical and either:
(i) Is in possession of the canister or container from which the chemical came; or
(ii) Is shown by other evidence to have recently inhaled or ingested a chemical for its intoxicating or hallucinatory effects.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
(4) A person convicted of negligent driving in the first degree who has one or more prior offenses as defined in RCW 46.61.5055(14) within seven years shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person.
[ 2022 c 16 s 44; 2013 2nd sp.s. c 35 s 16; 2012 c 183 s 13; 2011 c 293 s 5; 1997 c 66 s 4.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2011 c 293 ss 1-9: See note following RCW 46.20.385.
Criminal history and driving record: RCW 46.61.513.

catchline: Negligent driving—First degree.


title: RCW 46.61.525

text:
(1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.
(b) It is an affirmative defense to negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent.
(c) Negligent driving in the second degree is a traffic infraction and is subject to a penalty of two hundred fifty dollars.
(2) For the purposes of this section, "negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
[ 1997 c 66 s 5; 1996 c 307 s 1; 1979 ex.s. c 136 s 86; 1967 c 32 s 69; 1961 c 12 s 46.56.030. Prior: 1939 c 154 s 1; RRS s 6360-118 1/2. Formerly RCW 46.56.030.]
Notes:
Rules of court: Negligent driving cases—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person involved in negligent driving: RCW 10.31.100.
Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 79A.60.040.

catchline: Negligent driving—Second degree.


title: RCW 46.61.5259

text:
(1) A person commits negligent driving with a vulnerable user victim in the first degree if he or she operates a vehicle, as defined in RCW 46.04.670, in a manner that is both negligent and endangers or is likely to endanger any person or property, and he or she proximately causes the death of a vulnerable user of a public way.
(2) Violation of this section is a gross misdemeanor, which shall be punished by:
(a) Up to 364 days of imprisonment;
(b) A fine of $5,000, which may not be reduced to an amount less than $1,000; and
(c) Suspension of driving privileges for 90 days.
(3) If a person is convicted of an offense under this section, then the court shall notify the department, and the department shall suspend the person's driving privileges.
(4) For the purposes of this section:
(a) "Negligent" has the same meaning as provided in RCW 46.61.525(2).
(b) "Vulnerable user of a public way" means:
(i) A pedestrian;
(ii) A person riding an animal; or
(iii) A person operating or riding any of the following on a public way:
(A) A farm tractor or implement of husbandry, without an enclosed shell;
(B) A bicycle;
(C) An electric-assisted bicycle;
(D) An electric personal assistive mobility device;
(E) A moped;
(F) A motor-driven cycle;
(G) A motorized foot scooter; or
(H) A motorcycle.
[ 2023 c 471 s 1.]
Notes:
Effective date—2023 c 471: "This act takes effect January 1, 2025." [ 2023 c 471 s 12.]

catchline: Negligent driving with a vulnerable user victim—First degree—Penalties—Definitions.


title: RCW 46.61.526

text:
(1) A person commits negligent driving with a vulnerable user victim in the second degree if, under circumstances not constituting negligent driving with a vulnerable user victim in the first degree under RCW 46.61.5259 or negligent driving in the first degree under RCW 46.61.5249, he or she operates a vehicle, as defined in RCW 46.04.670, in a manner that is both negligent and endangers or is likely to endanger any person or property, and he or she proximately causes great bodily harm or substantial bodily harm of a vulnerable user of a public way.
(2) The law enforcement officer or prosecuting authority issuing the notice of infraction for an offense under this section shall state on the notice of infraction that the offense was a proximate cause of great bodily harm or substantial bodily harm, as defined in RCW 9A.04.110, of a vulnerable user of a public way.
(3) Persons under the age of 16 who commit an infraction under this section are subject to the provisions of RCW 13.40.250.
(4) A person found to have committed negligent driving in the second degree with a vulnerable user victim shall be required to:
(a) Pay a monetary penalty of $5,000, which may not be reduced to an amount less than $1,000; and
(b) Have his or her driving privileges suspended for 90 days.
(5) In lieu of the penalties imposed under subsection (4) of this section, a person found to have committed negligent driving with a vulnerable user victim in the second degree who requests and personally appears for a hearing pursuant to RCW 46.63.070 (1) or (2) may elect to:
(a) Pay a penalty of $250;
(b) Attend traffic school for a number of days to be determined by the court pursuant to chapter 46.83 RCW;
(c) Perform community service for a number of hours to be determined by the court, which may not exceed 100 hours, and which must include activities related to driver improvement and providing public education on traffic safety; and
(d) Submit certification to the court establishing that the requirements of this subsection have been met within one year of the hearing.
(6) If a person found to have committed a violation of this section elects the penalties imposed under subsection (5) of this section, the court may impose the penalties under subsection (5) of this section and the court may assess costs as the court deems appropriate for administrative processing.
(7) Except as provided in (b) of this subsection, if a person found to have committed a violation of this section elects the penalties under subsection (5) of this section but does not complete all requirements of subsection (5) of this section within one year of the hearing:
(a)(i) The court shall impose a monetary penalty in the amount of $5,000, which may not be reduced to an amount less than $1,000; and
(ii) The person's driving privileges shall be suspended for 90 days.
(b) For good cause shown, the court may extend the period of time in which the person must complete the requirements of subsection (5) of this section before any of the penalties provided in this subsection are imposed.
(8) An offense under this section is a traffic infraction. To the extent not inconsistent with this section, the provisions of chapter 46.63 RCW shall apply to infractions under this section. Procedures for the conduct of all hearings provided for in this section may be established by rule of the supreme court.
(9) If a person is penalized under subsection (4) of this section, then the court shall notify the department, and the department shall suspend the person's driving privileges. If a person fails to meet the requirements of subsection (5) of this section, the court shall notify the department that the person has failed to meet the requirements of subsection (5) of this section and the department shall suspend the person's driving privileges. Notice provided by the court under this subsection must be in a form specified by the department.
(10) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
(11) For the purposes of this section:
(a) "Great bodily harm" and "substantial bodily harm" have the same meaning as provided in RCW 9A.04.110.
(b) "Negligent" has the same meaning as provided in RCW 46.61.525(2).
(c) "Vulnerable user of a public way" has the same meaning as provided in RCW 46.61.5259.
[ 2023 c 471 s 2; 2020 c 146 s 1; 2011 c 372 s 1.]
Notes:
Effective date—2023 c 471: See note following RCW 46.61.5259.
Application—2011 c 372: "This act applies to infractions committed on or after July 1, 2012." [ 2011 c 372 s 4.]
Effective date—2011 c 372: "This act takes effect July 1, 2012." [ 2011 c 372 s 5.]

catchline: Negligent driving—With a vulnerable user victim—Second degree—Penalties—Definitions.