THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA WASHINGTON DRINKING & DRIVING PENALTIES AS OF JANUARY 1, 2014

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1 THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA WASHINGTON DRINKING & DRIVING PENALTIES AS OF JANUARY 1, 2014 I. CRIMINAL CONVICTIONS FOR DUI [RCW ] OR PHYSICAL CONTROL [RCW ] A. FIRST OFFENSE FOR DUI OR PHYSICAL CONTROL 1. WITH NO ALCOHOL TEST RESULT (NOT A REFUSAL) & IMPAIRED BY ALCOHOL AND/OR DRUGS, OR AN ALCOHOL LEVEL OF.149 OR BELOW OR THC LEVEL OF AT LEAST 5.0 a) JAIL TIME 1 : 1 TO 364 DAYS INCLUSIVE (1 DAY JAIL MAY CONVERT TO 15 DAYS EHM 2 ) [RCW (1)(a)(i)] b) FINES: $350 TO $5,000 (MINIMUM: $ WITH COSTS AND ASSESSMENTS) [RCW (1)(a)(ii)] c) LICENSE: 90 DAY MANDATORY LICENSE SUSPENSION [RCW (9)(a)(i)]. THIS SUSPENSION TAKES EFFECT APPROXIMATELY 45 DAYS AFTER SENTENCING [RCW ] d) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW (1)(a) & (c)] 3 e) UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS [RCW (2), RCW (10)] f) IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT [RCW (2)] 3 & 4 g) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS [RCW , RCW , RCW ] h) ATTEND DUI VICTIM PANEL [RCW ], ALCOHOL EVALUATION AND COMPLIANCE WITH 2. WITH ALCOHOL LEVEL OF.150 OR ABOVE a) JAIL TIME¹: 2 CONSECUTIVE DAYS TO 364 DAYS INCLUSIVE (1)(b)(i) & RCW ] b) FINES: $500 TO $5,000 (MINIMUM: $1, WITH COSTS AND ASSESSMENTS) [RCW (1)(b)(ii)] c) LICENSE: 365 DAY MANDATORY LICENSE SUSPENSION [RCW (9)(b)(i)] )]. THIS SUSPENSION TAKES EFFECT APPROXIMATELY 45 DAYS AFTER SENTENCING [RCW ] d) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW (1)(a) & (c)] 3 & 4 e) UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS [RCW (2), RCW (10)] 3 & 4 g) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS [RCW , RCW , RCW ] h) ATTEND DUI VICTIM PANEL [RCW ], ALCOHOL EVALUATION AND COMPLIANCE WITH 3. WITH THE REFUSAL OF A TEST REQUEST a) JAIL TIME¹: 2 CONSECUTIVE DAYS TO 364 DAYS INCLUSIVE (2 DAYS JAIL MAY CONVERT TO 30 DAYS EHM 2 ) [RCW (1)(b)(i) & RCW ] b) FINES: $500 TO $5,000 (MINIMUM: $1, WITH COSTS AND ASSESSMENTS) [RCW (1)(b)(ii)] c) LICENSE: 2 YEAR MANDATORY LICENSE REVOCATION [RCW (9)(c)(i)] )]. THIS SUSPENSION TAKES EFFECT APPROXIMATELY 45 DAYS AFTER SENTENCING [RCW ] d) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW (1)(a) & (c)] 3 & 4 e) UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS [RCW (2), RCW (10)] f) IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT [RCW (2)] 3 & 4 g) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS [RCW , RCW , RCW ] h) ATTEND DUI VICTIM PANEL [RCW ], ALCOHOL EVALUATION AND COMPLIANCE WITH 1 An additional 24 hours incarceration will be added if there is a passenger under 16 years old in the vehicle. [RCW (6)(b)] 2 EHM is electronic home monitoring (home detention). 3 There is an exemption for employer owned vehicles during work hours. This exception is not available the first 30 days if an interlock is installed as a result of a first violation and 365 days if as a result of a second or subsequent violation. [RCW (1)(c)(i) & RCW (3)] 4 Mandatory 60 day ignition interlock if driving with a passenger under 16 years of age. [RCW (6)] For a person previously ordered to install ignition interlock as a result of conviction, minimum is 5 years. For person previously ordered to install ignition interlock for 5 years, minimum is 10 years. [RCW (3) & (4)] 1

2 PT WHICH T WHICH T WHICH B. ONE PRIOR OFFENSE WITHIN 7 YEARS 5 [IF ONE PRIOR OFFENSE WITHIN 10 YEARS 5, POLICE SHALL ARREST AND TAKE INTO CUSTODY, PENDING BAIL, PERSONAL RECOGNIZANCE, OR COURT ORDER. RCW (2)(d)] [AT FIRST COURT APPEARANCE, SHALL BE ORDERED TO HAVE AN IGNITION INTERLOCK OR 24/7 SOBRIETY PROGRAM MONITORING 6, IF AVAILABLE. RCW , RCW 36.28A.350] 1. WITH NO ALCOHOL TEST RESULT (NOT A REFUSAL) & IMPAIRED BY ALCOHOL AND/OR DRUGS, OR AN ALCOHOL LEVEL OF.149 OR BELOW OR THC LEVEL OF AT LEAST 5.0 a) JAIL TIME 7 : 30 CONSECUTIVE DAYS TO 364 DAYS INCLUSIVE [RCW (2)(a)(i) & RCW ] 2 MAY ALSO BE CONVERTED TO AN ADDITIONAL FOUR (4) DAYS JAIL OR 6 MONTHS OF 24/7 SOBRIETY PROGRAM MONITORING 8 [RCW (2)(a)(i)] c) FINES: $500 TO $5,000 (MINIMUM: $1, WITH COSTS AND ASSESSMENTS) [RCW (2)(a)(ii)] d) LICENSE: 2 YEAR MANDATORY LICENSE REVOCATION [RCW (9)(a)(ii)]. THIS SUSPENSION TAKES EFFECT APPROXIMATELY 45 DAYS AFTER SENTENCING [RCW ] e) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW (1)(a) & (c)] 3 & 4 f) UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS [RCW (2), RCW (10)] g) IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT OF LICENSE [RCW (2)] 3 & 4 h) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS. [RCW , RCW , RCW ] i) ATTEND DUI VICTIM PANEL [RCW ], ALCOHOL EVALUATION AND COMPLIANCE WITH RECOMMENDATION [RCW ], [RCW (6)] j) TRAVEL OUTSIDE OF THE STATE MAY BE RESTRICTED BY PROBATION [ICAOS, RCW (8)(A), RCW 3.66 ET k) VEHICLE SUBJECT TO FORFEITURE [RCW ] 2. WITH ALCOHOL LEVEL OF.150 OR ABOVE a) JAIL TIME 7 : 45 CONSECUTIVE DAYS TO 364 DAYS INCLUSIVE [RCW (2)(b)(i) & RCW ] 2 MAY ALSO BE CONVERTED TO AN ADDITIONAL SIX (6) DAYS JAIL, OR 6 MONTHS OF 24/7 SOBRIETY PROGRAM MONITORING 8 [RCW (2)(b)(i)] c) FINES: $750 TO $5,000 (MINIMUM: $1, WITH COSTS AND ASSESSMENTS) [RCW (2)(b)(ii)] d) LICENSE: 900 DAY MANDATORY LICENSE REVOCATION [RCW (9)(b)(ii)]. THIS SUSPENSION TAKES EFFECT APPROXIMATELY 45 DAYS AFTER SENTENCING [RCW ]. e) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW (1)(a) & (c)] 3 & 4 f) UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS [RCW (2), RCW (10)] g) IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT OF LICENSE [RCW (2)] 3 & 4 h) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS. [RCW , RCW , RCW ] i) ATTEND DUI VICTIM PANEL [RCW ], ALCOHOL EVALUATION AND COMPLIANCE WITH j) TRAVEL OUTSIDE OF THE STATE MAY BE RESTRICTED BY PROBATION [ICAOS, RCW (8)(A), RCW 3.66 ET k) VEHICLE IS SUBJECT TO FORFEITURE [RCW ] 3. WITH THE REFUSAL OF A TEST REQUEST a) JAIL TIME 7 : 45 CONSECUTIVE DAYS TO 364 DAYS INCLUSIVE [RCW (2)(b)(i) & RCW ] 2 MAY ALSO BE CONVERTED TO AN ADDITIONAL SIX (6) DAYS JAIL OR 6 MONTHS OF 24/7 SOBRIETY PROGRAM MONITORING 8 [RCW (2)(b)(i)] c) FINES: $750 TO $5,000 (MINIMUM: $1, WITH COSTS AND ASSESSMENTS) [RCW (2)(b)(ii)] d) LICENSE: 3 YEAR MANDATORY LICENSE REVOCATION [RCW (9)(c)(ii)]. THIS SUSPENSION TAKES EFFECT APPROXIMATELY 45 DAYS AFTER SENTENCING [RCW ]. e) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW (1)(a) & (c)] 3 & 4 f) UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS [RCW (2), RCW (10)] g) IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT OF LICENSE [RCW (2)] 3 & 4 h) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS. [RCW , RCW , RCW ] i) ATTEND DUI VICTIM PANEL [RCW ], ALCOHOL EVALUATION AND COMPLIANCE WITH j) TRAVEL OUTSIDE OF THE STATE MAY BE RESTRICTED BY PROBATION [ICAOS, RCW (8)(A), RCW 3.66 ET k) VEHICLE IS SUBJECT TO FORFEITURE [RCW ] 5 A prior offense is defined as DUI, physical control, vehicular homicide/assault convictions, deferred prosecutions, Negligent Driving First Degree or Reckless Driving/Reckless Endangerment reduced from a DUI, within the previous 7 years or 10 years. Seven years and Ten years is measured from the date of prior arrest to the date of the current arrest. [RCW (14)] 6 24/7 sobriety monitoring program is a regular testing of the participant s blood, breath, urine, or other bodily substances in order to determine the presence of alcohol, marijuana, or any controlled substance in the participant s body. 7 An additional 5 days incarceration will be added if there is a passenger under 16 years old in the vehicle. [RCW (6)(c)] 8 First violation is a written warning, second violation serve five days imprisonment, third violation serve ten days imprisonment, fourth violation serve entire remaining sentence. If police have probable cause to believe that the participant has not paid the required fees or associated costs, they shall immediately take the participant into custody to be held until an appearance before a judge on the next judicial day. [RCW 36.28A.390(2)] 2

3 C. TWO OR THREE PRIOR OFFENSES WITHIN 7 YEARS 5 [IF ONE PRIOR OFFENSE WITHIN 10 YEARS 5, POLICE SHALL ARREST AND TAKE INTO CUSTODY, PENDING BAIL, PERSONAL RECOGNIZANCE, OR COURT ORDER. RCW (2)(d)] [AT FIRST COURT APPEARANCE, SHALL BE ORDERED TO HAVE AN IGNITION INTERLOCK OR 24/7 SOBRIETY PROGRAM MONITORING 9, IF AVAILABLE. RCW , RCW 36.28A.350] 1. WITH NO ALCOHOL TEST RESULT (NOT A REFUSAL) & IMPAIRED BY ALCOHOL AND/OR DRUGS, OR AN ALCOHOL LEVEL OF.149 OR BELOW OR THC LEVEL OF AT LEAST 5.0 a) JAIL TIME 10 : 90 CONSECUTIVE DAYS TO 364 DAYS INCLUSIVE [RCW (3)(a)(i) & RCW ] b) 120 CONSECUTIVE DAYS EHM 2, WHICH MAY ALSO BE CONVERTED TO AN ADDITIONAL 8 DAYS JAIL [RCW (3)(a)(i)] c) 6 MONTHS OF 24/7 SOBRIETY PROGRAM MONITORING 8, IF AVAILABLE d) FINES: $1,000 TO $5,000 (MINIMUM: $2, WITH COSTS AND ASSESSMENTS) [RCW (3)(a)(ii)] e) LICENSE: 3 YEAR MANDATORY LICENSE REVOCATION [RCW (9)(a)(iii)]. THIS SUSPENSION TAKES EFFECT APPROXIMATELY 45 DAYS AFTER SENTENCING [RCW ]. f) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW (1)(a) & (c)] 3 & 4 g) UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS [RCW (2), RCW (10)] h) IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT OF LICENSE [RCW (2)] 3 & 4 i) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS. [RCW , RCW , RCW ] j) ATTEND DUI VICTIM PANEL [RCW ], ALCOHOL EVALUATION AND COMPLIANCE WITH k) TRAVEL OUTSIDE OF THE STATE MAY BE RESTRICTED BY PROBATION [RCW (8)(A), RCW 3.66 et. seq., RCW (2)(A)] l) VEHICLE SUBJECT TO FORFEITURE [RCW ] 2. WITH ALCOHOL LEVEL OF.150 OR ABOVE a) JAIL TIME 9 : 120 CONSECUTIVE DAYS TO 364 DAYS INCLUSIVE [RCW (3)(b)(i) & RCW ] b) 150 CONSECUTIVE DAYS EHM 2, WHICH MAY ALSO BE CONVERTED TO EIGHT (8) DAYS JAIL [RCW (3)(b)(i)] c) 6 MONTHS OF 24/7 SOBRIETY PROGRAM MONITORING 8, IF AVAILABLE d) FINES: $1,500 TO $5,000 (MINIMUM: $2, WITH COSTS AND ASSESSMENTS)[RCW (3)((b)(ii)] e) LICENSE: 4 YEAR MANDATORY LICENSE REVOCATION [RCW (9)(b)(iii)]. THIS SUSPENSION TAKES EFFECT APPROXIMATELY 45 DAYS AFTER SENTENCING [RCW ]. f) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW (1)(a) & (c)] 3 & 4 g) UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS [RCW (2), RCW (10)] h) IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT OF LICENSE [RCW (2)&(3)] 3 & 4 i) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS. [RCW , RCW , RCW ] j) ATTEND DUI VICTIM PANEL [RCW ], ALCOHOL EVALUATION AND COMPLIANCE WITH k) TRAVEL OUTSIDE OF THE STATE MAY BE RESTRICTED BY PROBATION [ICAOS, RCW (8)(A), RCW 3.66 ET l) VEHICLE SUBJECT TO FORFEITURE [RCW ] 3. WITH THE REFUSAL OF A TEST REQUEST a) JAIL TIME 9 :120 CONSECUTIVE DAYS TO 364 DAYS INCLUSIVE [RCW (3)(b)(i) & RCW ] b) 150 CONSECUTIVE DAYS EHM 2, WHICH MAY ALSO BE CONVERTED TO EIGHT (8) DAYS JAIL [RCW (3)(b)(i)] c) 6 MONTHS OF 24/7 SOBRIETY PROGRAM MONITORING 8, IF AVAILABLE d) FINES: $1,500 TO $5,000 (MINIMUM: $2, WITH COSTS AND ASSESSMENTS) [RCW (3)(b)(ii)] e) LICENSE: 4 YEAR MANDATORY LICENSE REVOCATION [RCW (9)(c)(iii)]. THIS SUSPENSION TAKES EFFECT APPROXIMATELY 45 DAYS AFTER SENTENCING [ RCW ]. f) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW (1)(a) & (c)] 3 & 4 g) UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS [RCW (2), P0RCW (10)] h) IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT OF LICENSE [RCW (2)] 3 & 4 i) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS. [RCW , RCW , RCW ] j) ATTEND DUI VICTIM PANEL [RCW ], ALCOHOL EVALUATION AND COMPLIANCE WITH k) TRAVEL OUTSIDE OF THE STATE MAY BE RESTRICTED BY PROBATION [ICAOS, RCW (8)(A), RCW 3.66 ET l) VEHICLE IS SUBJECT TO FORFEITURE [RCW ] 9 24/7 sobriety monitoring program is a regular testing of the participant s blood, breath, urine, or other bodily substances in order to determine the presence of alcohol, marijuana, or any controlled substance in the participant s body. 10 An additional 10 days incarceration will be added if there is a passenger under 16 years old in the vehicle. [RCW (6)(d)] 3

4 II. THE DEPARTMENT OF LICENSING SHALL GRANT CREDIT ON A DAY-FOR-DAY BASIS FOR ANY PORTION OF A SUSPENSION, REVOCATION, OR DENIAL ALREADY SERVED FOR A SUSPENSION, REVOCATION, OR DENIAL IMPOSED ADMINISTRATIVELY ARISING OUT OF THE SAME INCIDENT. [RCW (9)] THE TIME PERIOD OF LICENSE SUSPENSION DURING WHICH AN INDIVIDUAL HAS AN IGNITION INTERLOCK LICENSE MAY APPLY ON A DAY FOR DAY BASIS TOWARDS THE IGNITION INTERLOCK RESTRICTION UPON REINSTATEMENT. [RCW (1)(c)(iii)] III. MANDATORY CONDITIONS OF FIVE (5) YEAR PROBATION WITH CONVICTION 1. AS A CONDITION OF PROBATION THE JUDGE SHALL ORDER [RCW (11)(a)]: a) NOT DRIVE WITHOUT VALID LICENSE AND INSURANCE b) NOT REFUSE A BLOOD/BREATH TEST c) NOT HAVE A.08 OR HIGHER BLOOD/BREATH LEVEL OR THC LEVEL OF AT LEAST 5.0 WITHIN TWO HOURS OF DRIVING 2. A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS JAIL ANDU 30 DAYS ADDITIONAL LOSS OF PRIVILEGE TO DRIVE. [RCW (11)(b) & (c)] IV. VEHICLE FORFEITURE [RCW ] THE COURT AT SENTENCING FOR A VIOLATION OF DUI [RCW ], PHYSICAL CONTROL [RCW ], OR VIOLATION OF THE IGNITION INTERLOCK REQUIREMENT AFTER REINSTATEMENT OF A PRIVILEGE TO DRIVE [RCW ] SHALL CONSIDER WHETHER THE VEHICLE DRIVEN WHEN ARRESTED FOR SUCH CRIME SHALL BE SEIZED AND FORFEITED IF THE PERSON HAS A PRIOR CONVICTION AS DEFINED IN RCW (14) WITHIN THE LAST 7 YEARS 5. V. CRIMINAL CONVICTIONS FOR RECKLESS DRIVING [RCW ] AND NEGLIGENT DRIVING FIRST DEGREE [RCW ] A. RECKLESS DRIVING [RCW ] 1. THE LICENSE OR PERMIT TO DRIVE SHALL BE SUSPENDED FOR NOT LESS THAN 30 DAYS WITH THE ABILITY TO APPLY FOR A RESTRICTED LICENSE. [RCW (2), RCW , RCW ] 2. WHEN A RECKLESS DRIVING CONVICTION IS A RESULT OF A CHARGE THAT WAS ORIGINALLY FILED AS A VIOLATION OF DUI OR PHYSICAL CONTROL, THE DEPARTMENT SHALL GRANT CREDIT ON A DAY-FOR-DAY BASIS FOR ANY PORTION OF A SUSPENSION, REVOCATION, OR DENIAL ALREADY SERVED UNDER AN ADMINISTRATIVE ACTION ARISING OUT OF THE SAME INCIDENT. DURING ANY PERIOD OF SUSPENSION, REVOCATION, OR DENIAL DUE TO A CONVICTION FOR RECKLESS DRIVING AS THE RESULT OF A CHARGE ORIGINALLY FILED AS A VIOLATION OF DUI OR PHYSICAL CONTROL, ANY PERSON WHO HAS OBTAINED AN IGNITION INTERLOCK DRIVER'S LICENSE UNDER RCW MAY CONTINUE TO DRIVE A MOTOR VEHICLE PURSUANT TO THE PROVISION OF THE IGNITION INTERLOCK DRIVER'S LICENSE WITHOUT OBTAINING A SEPARATE TEMPORARY RESTRICTED DRIVER'S LICENSE. 4

5 3. IF THE CONVICTION IS THE RESULT OF A CHARGE THAT WAS ORIGINALLY FILED AS A VIOLATION OF DRIVING UNDER THE INFLUENCE (RCW ) OR PHYSICAL CONTROL (RCW ) AND THE PERSON HAS ONE OR MORE PRIOR OFFENSES AS DEFINED IN RCW (14) 5 WITHIN 7 YEARS THERE IS A SIX MONTH REQUIREMENT OF AN IGNITION INTERLOCK DEVICE. RCW (3)(a), RCW (5) 4. IF THE CONVICTION IS A RESULT OF A CHARGE THAT WAS ORIGINALLY FILED AS VEHICULAR HOMICIDE (RCW ) OR VEHICULAR ASSAULT (RCW ) THERE IS A REQUIREMENT OF AN IGNITION INTERLOCK, AS LISTED IN RCW (3) & (4) 4. B. NEGLIGENT DRIVING FIRST DEGREE [RCW ] 1. IF THE CONVICTION IS THE RESULT OF A CHARGE THAT WAS ORIGINALLY FILED AS A VIOLATION OF DRIVING UNDER THE INFLUENCE (RCW ) OR PHYSICAL CONTROL (RCW ) AND THE PERSON HAS ONE OR MORE PRIOR OFFENSES AS DEFINED IN RCW (14) 4 WITHIN 7 YEARS THERE IS A SIX MONTH REQUIREMENT OF AN IGNITION INTERLOCK DEVICE. [RCW (4), RCW (5)] 5

6 VI. FOUR OR MORE PRIOR OFFENSES FOR RCW (DUI) OR RCW (PHYSICAL CONTROL) WITHIN 10 YEARS 5, OR ONE PRIOR OFFENSE FOR VEHICULAR ASSAULT (CLASS B FELONY) OR ONE PRIOR OFFENSE FOR VEHICULAR HOMICIDE (CLASS A FELONY) IS A CLASS C FELONY WITH A MAXIMUM PENALTY OF FIVE YEARS IN PRISON AND A $10,000 FINE [RCW (6), RCW (6) AND RCW (4)]. - A SENTENCING RANGE IS BASED UPON PRIOR OFFENSES AND CRIMINAL HISTORY UNDER THE SENTENCING REFORM ACT. A SCORING SHEET FOR PURPOSES OF HELPING DETERMINE THE SENTENCING RANGE IS LISTED BELOW [RCW 9.9A.525(2)(e) and RCW 9.94A.525(11)]. - RCW 9.94A.525 states: (1) a Prior Class A felony and felony sex convictions are always included in the offender score, (2) a Prior Class B (juvenile or adult) felony conviction other than sex offenses are not included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or since the entry of judgment and sentence, the offender had spent ten consecutive years in the community without having been convicted of any crime, (3) a Prior Class C (juvenile or adult) felony conviction other than sex offenses are not included in the offender score if, since the last date of release from confinement (including fulltime residential treatment) pursuant to a felony conviction, if any, or since the entry of judgment and sentence, the offender had spent five consecutive years in the community without having been convicted of any crime. - A prior felony Driving Under the Influence or felony Physical Control of a Vehicle While Under the Influence of Intoxicating Liquor or Drug offenses and serious traffic offenses will be included in the offender score if they were committed within five years since the last date of release from confinement (including fulltime residential treatment) or entry of judgment and sentence; or if the prior offenses would be considered a prior offenses within ten years as defined in RCW (14) 4 CLASS C FELONY DUI/PHYSICAL CONTROL NONVIOLENT TRAFFIC OFFENSE ADULT HISTORY: Enter number of Vehicular Homicide and Vehicular Assault convictions... x 2 = Enter number of other felony convictions... x 1 = Enter number of Driving While Intoxicated, Actual Physical Control, Reckless Driving, Operation of a Vessel-DUI and misdemeanor Hit and Run - Attended convictions... x 1 = JUVENILE HISTORY: Enter number of Vehicular Homicide and Vehicular Assault dispositions... x 2 = Enter number of other felony dispositions... x ½ = Enter number of Driving While Intoxicated, Actual Physical Control, Reckless Driving, Operation of a Vessel-DUI and misdemeanor Hit and Run - Attended dispositions... x ½ = OTHER CURRENT OFFENSES: (Other current offenses which do not encompass the same conduct count in offender score) Enter number of Vehicular Homicide and Vehicular Assault convictions... x 2 = Enter number of other felony convictions... x 1 = Enter number of Driving While Intoxicated, Actual Physical Control, Reckless Driving, Operation of a Vessel-DUI and misdemeanor Hit and Run - Attended convictions... x 1 = STATUS: Was the offender on community custody on the date the current offense was committed? (if yes), + 1 = Total the last column to get the Offender Score (Round down to the nearest whole number) II. SENTENCE RANGE A. OFFENDER SCORE: or more STANDARD RANGE (LEVEL V) * A. When a court sentences an offender to the custody of the Dept. of Corrections, the court shall also sentence the offender to community custody for the range of 9 to 18, or to the period of earned release, whichever is longer (RCW 9.94A.715). B. A First-Time Offender Waiver sentencing alternative lowering the sentencing range to a maximum 90 days of confinement might be available if the offender: (1) Has not been convicted of a violent offense; (2) Has not been convicted of Manufacture, Delivery, or Possession with Intent to Manufacture or Deliver a Schedule I or II Narcotic Drug, Flunitrazepam classified in Schedule IV or Methamphetamine; (3) Has not been convicted of Selling for Profit any Controlled or Counterfeit Substance; (4) Has not been convicted of a sex offense; (5) Has not previously been convicted of a felony in this state, federal court, another state or foreign country; (6) Has never participated in a program of deferred prosecution for a felony offense; and (7) Has no juvenile adjudication for any felony offense. 60* 60* 6

7 OF VII. ADMINISTRATIVE LICENSE REVOCATION BY THE DEPARTMENT OF LICENSING [RCW ] A. REFUSALS AND SPECIFIED ALCOHOL AND THC LEVELS TRIGGER LOSS OF LICENSE BY ADMINISTRATIVE ACTION WITH THE DEPARTMENT OF LICENSING UINDEPENDENT U ANY CRIMINAL PROSECUTION [RCW ]. B. YOU ONLY HAVE U20U DAYS FROM DATE OF UARRESTU TO REQUEST A HEARING (ALONG WITH $375) TO CONTEST THIS ADMINISTRATIVE ACTION AS IT RELATES TO YOUR LICENSE. THE SUSPENSION WILL AUTOMATICALLY TAKE EFFECT 61 DAYS FROM DATE OF ARREST. C. THE DEPARTMENT OF LICENSING SHALL GRANT CREDIT ON A DAY-FOR-DAY BASIS FOR ANY PORTION OF A SUSPENSION, REVOCATION, OR DENIAL ALREADY SERVED FOR A SUSPENSION, REVOCATION, OR DENIAL IMPOSED UNDER A CONVICTION OF DUI OR PHYSICAL CONTROL ARISING OUT OF THE SAME INCIDENT. [RCW (4)]. D.U ARRESTU FOR DUI OR PHYSICAL CONTROL WITH AN ALCOHOL LEVEL OF.08 OR ABOVE, THC LEVEL OF AT LEAST 5.0; OR, UNDER 21 YEARS OLD WITH AN ALCOHOL LEVEL OF.02 OR UNDER 21 YEARS OLD AND ANY LEVEL OF THC. 1. FIRST SUCH ARREST AND NO PREVIOUS INCIDENT 11PF WITHIN 7 YEARS 5 : 90 DAY LICENSE SUSPENSION [RCW (2)(A)]. a) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW & WAC et. seq] 3 & 4 b) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS. [RCW , RCW ,RCW ] c) THIS SUSPENSION CAN BE STAYED IF YOU ENTER INTO A DEFERRED PROSECUTION 2. WITH PRIOR ARREST AND INCIDENT 10 WITHIN 7 YEARS 5 : 2 YEAR LICENSE REVOCATION [RCW (2)(b)]. a) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW & WAC et. seq] 3 & 4 b) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS. [RCW , RCW , RCW ] c) HIS REVOCATION CAN BE STAYED IF YOU ENTER INTO A DEFERRED PROSECUTION. E. ARREST FOR DUI OR PHYSICAL CONTROL WITH REFUSAL OF A TEST FOR ADULTS AND INDIVIDUALS UNDER 21 YEARS OLD 1. FIRST REFUSAL AND NO PREVIOUS INCIDENT 10 WITHIN 7 YEARS 5 : 1 YEAR REVOCATION [RCW (1)(A)]. a) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW & WAC et. seq] 3 & 4 b) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS. [RCW , RCW , RCW ] 2. WITH PRIOR REFUSAL OR OTHER INCIDENT 10 WITHIN 7 YEARS 5 : 2 YEAR REVOCATION [RCW (1)(b)]. a) IGNITION INTERLOCK LICENSE IS AVAILABLE DURING THIS PERIOD OF SUSPENSION [RCW & WAC et. seq] 3 & 4 b) FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS. [RCW , RCW , RCW ] VIII. WASHINGTON IS A MEMBER OF THE INTERSTATE COMPACT UNDER RCW WASHINGTON IS NOT TO ACKNOWLEDGE OR SUSPEND A RESIDENT S LICENSE BASED SOLELY UPON AN ADMINISTRATIVE ACTION BY A LICENSING AUTHORITY FROM ANOTHER STATE. WASHINGTON WILL ACKNOWLEDGE AND ENFORCE A SUSPENSION OF A RESIDENT S LICENSE BASED UPON A CONVICTION FROM ANOTHER STATE AND WILL TAKE ACTION AGAINST THE RESIDENT S LICENSE AS IF THEY WERE CONVICTED OF THAT OFFENSE IN WASHINGTON. Also refer to RCW Incident is an arrest which resulted in DOL Administrative Action for either refusing or providing breath/blood samples. 7

8 INFORMATION ABOUT APPEALING ADMINISTRATIVE RULINGS, IGNITION INTERLOCK LICENSE (IIL) AND IGNITION INTERLOCK DEVICE REQUIREMENTS (IID) 1. The filing of an appeal from an administrative ruling does not stay the effective date of the suspension, revocation, or denial. If judicial relief is sought for a stay or other temporary remedy from the department s action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, or denial it may impose conditions on such stay. [RCW (9)] 2. A person receiving an ignition interlock driver s license (IIL) waives his or her right to a hearing or an appeal under RCW [RCW (1)(b) 12 ] 3. The Department of Licensing shall require that after any applicable period of suspension, revocation or denial of driving privileges for a conviction of RCW or RCW that a person drive only a vehicle equipped with a functioning ignition interlock device (IID). [RCW (3)] 4. The ignition interlock device (IID) and/or ignition interlock license (IIL) is not necessary on vehicles owned leased or rented by a person s employer and on those vehicles whose car/maintained is the temporary responsibility of the employer and driven at the direction of the person s employer as a requirement of employment during work hours. This exception does not apply for the first 30 days if the interlock is installed as the result of a first violation or 365 days if a second or subsequent violation. [RCW (1)(c) & RCW (3)] 5. The restriction of a functioning ignition interlock device (IID) applicable after a period of suspension, revocation or denial of a driving privilege shall remain in effect until the department receives certification that there have been none of the following incidents in the prior four consecutive prior to the date of release: A. An attempt to start a vehicle with an alcohol concentration of 0.04 or more B. Failure to take or pass any required retest, or C. Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection or replacement of the device. 6. The time period during which the person has an ignition interlock license (IIL) shall apply on a day-for-day basis towards satisfying the period of time the ignition interlock device (IID) is required under RCW and RCW [RCW (1)(c)(iii)] 7. The Department must also give day-for-day credit for the time period, beginning from the date of the incident, during which the person kept an ignition interlock installed toward the ignition interlock license (IIL). [RCW (1)(c)(iii)] 12 On September 30, 2013, Division I held that the statute precluding appellate review of a revocation after obtaining an IIL violated due process in Nielsen v. DOL, --P.3d---, 2013 WL

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