This section modifies existing section 46.61.5055. Here is the modified chapter for context.
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:
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:
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
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
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:
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
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.
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:
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:
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
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
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:
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
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.
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:
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:
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 ninety 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
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
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:
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
By a fine of not less than $1,500 nor more than $5,000. $1,500 of the fine may not be suspended unless the court finds the offender to be indigent.
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:
The person has three or more prior offenses within 10 years; or
The person has ever previously been convicted of:
A violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
A violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
A violation of RCW 46.61.502(6) or 46.61.504(6).
(a) 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.
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.
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:
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;
Order the person to a period of 24/7 sobriety program monitoring pursuant to subsections (1) through (3) of this section; or
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.
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:
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;
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;
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. $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;
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 10 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.
Penalty for being under the influence of multiple intoxicants. If a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 committed the offense while under the influence of a combination of intoxicating liquor and any drug or a combination of more than one drug the court shall order:
The use of an ignition interlock or other device for an additional 12 months;
An additional 10 days of imprisonment to be served consecutively to all other sentencing provisions; and
An additional $1,000 fine.
In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider the following:
Whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property;
Whether at the time of the offense the person was driving or in physical control of a vehicle with one or more passengers;
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
Whether a child passenger under the age of 16 was an occupant in the driver's vehicle.
An offender punishable under this section is subject to the substance use disorder assessment and treatment provisions of RCW 46.61.5056.
(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. 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. 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 **120-**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. 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.
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i. The department shall grant credit on a day-for-day basis for a suspension, revocation, or denial imposed under this subsection (10) 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 (10), the department shall refer to the driver's record maintained under RCW 46.52.120 when determining the existence of prior offenses.
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.
(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.
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.
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.
A court may waive the electronic home monitoring requirements of this chapter when:
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;
The offender does not reside in the state of Washington; or
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.
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).
For purposes of this section and RCW 46.61.502 and 46.61.504:
A "prior offense" means any of the following:
A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;
A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;
A conviction for a violation of RCW 46.25.110 or an equivalent local ordinance;
A conviction for a violation of RCW 79A.60.040(2) or an equivalent local ordinance;
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;
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;
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;
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;
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;
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;
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;
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;
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;
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
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 (15)(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 **10** years" means that the arrest for a prior offense occurred within **10** years before or after the arrest for the current offense.
This section adds a new section to an existing chapter 9.94A. Here is the modified chapter for context.
In a prosecution for vehicular homicide committed while under the influence of intoxicating liquor or any drug under RCW 46.61.520, vehicular assault committed while under the influence of intoxicating liquor or any drug under RCW 46.61.522, driving under the influence under RCW 46.61.502, whether a gross misdemeanor or felony, or actual physical control of a motor vehicle while under the influence under RCW 46.61.504, whether a gross misdemeanor or felony, the prosecution may file a special allegation that the defendant committed the offense while under the influence of a combination of intoxicating liquor and any drug or a combination of more than one drug when there is sufficient admissible evidence of this circumstance.
Once a special allegation has been made under this section, the state has the burden to prove beyond a reasonable doubt that the defendant committed the offense while under the influence of a combination of intoxicating liquor and any drug or a combination of more than one drug. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the defendant committed the offense while under the influence of a combination of intoxicating liquor and any drug or a combination of more than one drug. If no jury is had, the court shall make a finding of fact as to whether the defendant committed the offense while under the influence of a combination of intoxicating liquor and any drug or a combination of more than one drug.
This section modifies existing section 46.20.720. Here is the modified chapter for context.
The department shall require that a person may drive only a motor vehicle equipped with a functioning ignition interlock device:
Upon receipt of notice from a court that an ignition interlock device restriction has been imposed under RCW 10.21.055;
As required for issuance of an ignition interlock driver's license under RCW 46.20.385;
Upon receipt of notice from a court that the person is participating in a deferred prosecution program under RCW 10.05.020 for a violation of:
RCW 46.61.502 or 46.61.504 or an equivalent local ordinance; or
RCW 46.61.5249 or 46.61.500 or an equivalent local ordinance if the person would be required under RCW 46.61.5249(4) or 46.61.500(3) (a) or (b) to install an ignition interlock device on all vehicles operated by the person in the event of a conviction;
After any applicable period of mandatory suspension, revocation, or denial of driving privileges, or upon fulfillment of day-for-day credit under RCW 46.61.5055(10)(b)(ii) for a suspension, revocation, or denial of driving privileges:
Due to a conviction of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local or out-of-state statute or ordinance; or
Due to a conviction of a violation of RCW 46.61.5249 or 46.61.500 or an equivalent local ordinance if the person is required under RCW 46.61.5249(4) or 46.61.500(3) (a) or (b) to install an ignition interlock device on all vehicles operated by the person; or
Upon receipt of an order by a court having jurisdiction that a person charged or convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock. The court shall establish a specific alcohol set point at which the ignition interlock will prevent the vehicle from being started. The court shall also establish the period of time for which ignition interlock use will be required.
Unless otherwise specified by the court for a restriction imposed under subsection (1)(e) of this section, the ignition interlock device shall have an alcohol set point that prevents the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.020 or more.
A restriction imposed under:
Subsection (1)(a) of this section shall remain in effect until:
The court has authorized the removal of the device under RCW 10.21.055; or
The department has imposed a restriction under subsection (1)(b), (c), or (d) of this section arising out of the same incident.
Subsection (1)(b) of this section remains in effect during the validity of any ignition interlock driver's license that has been issued to the person.
Subsection (1)(c)(i) or (d)(i) of this section shall be for no less than:
For a person who has not previously been restricted under this subsection, a period of one year;
For a person who has previously been restricted under (c)(i) of this subsection, a period of five years;
For a person who has previously been restricted under (c)(ii) of this subsection, a period of 10 years.
The restriction of a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and who committed the offense while one or more passengers under the age of 16 were in the vehicle shall be extended for an additional period as required by RCW 46.61.5055(6)(a).
The restriction of a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and who committed the offense while under the influence of a combination of intoxicating liquor and any drug or a combination of more than one drug shall be extended for an additional period as required by RCW 46.61.5055(7)(a).
d. Subsection (1)(c)(ii) or (d)(ii) of this section shall be for a period of no less than six months.
e. The period of restriction under (c) or (d) of this subsection shall be extended by **180** days whenever the department receives notice that the restricted person has been convicted under RCW 46.20.740 or 46.20.750. If the period of restriction under (c) or (d) of this subsection has been fulfilled and cannot be extended, the department must add a new **180-day** restriction that is imposed from the date of conviction and is subject to the requirements for removal under subsection (4) of this section.
f. Subsection (1)(e) of this section shall remain in effect for the period of time specified by the court.
g. The period of restriction under (c) and (d) of this subsection based on incidents occurring on or after June 9, 2016, must be tolled for any period in which the person does not have an ignition interlock device installed on a vehicle owned or operated by the person unless the person receives a determination from the department that the person is unable to operate an ignition interlock device due to a physical disability. The department's determination that a person is unable to operate an ignition interlock device must be reasonable and be based upon good and substantial evidence. This determination is subject to review by a court of competent jurisdiction. The department may charge a person seeking a medical exemption under this subsection a reasonable fee for the assessment.
A restriction imposed under subsection (1)(c) or (d) of this section shall remain in effect until the department receives a declaration from the person's ignition interlock device vendor, in a form provided or approved by the department, certifying the following:
That there have been none of the following incidents in the 180 consecutive days prior to the date of release:
Any attempt to start the vehicle with a breath alcohol concentration of 0.04 or more unless a subsequent test performed within 10 minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples;
Failure to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test;
Failure to pass any random retest with a breath alcohol concentration of lower than 0.020 unless a subsequent test performed within 10 minutes registers a breath alcohol concentration lower than 0.020, and the digital image confirms the same person provided both samples;
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; or
Removal of the ignition interlock device by a person other than an ignition interlock technician certified by the Washington state patrol; and
That the ignition interlock device was inspected at the conclusion of the 180-day period by an ignition interlock technician certified by the Washington state patrol and no evidence was found that the device was tampered with in the manner described in RCW 46.20.750.
(a) The time period during which a person has an ignition interlock device installed in order to meet the requirements of subsection (1)(b) of this section shall apply on a day-for-day basis toward satisfying the period of time the ignition interlock device restriction is imposed under subsection (1)(c) or (d) of this section arising out of the same incident.
The department must also give the person a day-for-day credit for any time period, beginning from the date of the incident, during which the person kept an ignition interlock device installed on all vehicles the person operates, other than those subject to the employer exemption under subsection (6) of this section.
If the day-for-day credit granted under this subsection equals or exceeds the period of time the ignition interlock device restriction is imposed under subsection (1)(c) or (d) of this section arising out of the same incident, and the person has already met the requirements for removal of the device under subsection (4) of this section, the department may waive the requirement that a device be installed or that the person again meet the requirements for removal.
(a) Except as provided in (b) of this subsection, the installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to chapter 5.50 RCW from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours. When the department receives a declaration under this subsection, it shall attach or imprint a notation on the person's driving record stating that the employer exemption applies.
In addition to any other costs associated with the use of an ignition interlock device imposed on the person restricted under this section, the person shall pay an additional fee of $21 per month. Payments must be made directly to the ignition interlock company. The company shall remit the additional fee to the department to be deposited into the ignition interlock device revolving account, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee. The department may waive the monthly fee if the person is indigent under RCW 10.101.010.
For a person restricted under this section who is residing outside of the state of Washington, the department may accept verification of installation of an ignition interlock device by an ignition interlock company authorized to do business in the jurisdiction in which the person resides, provided the device meets any applicable requirements of that jurisdiction. The department may waive one or more requirements for removal under subsection (4) of this section if compliance with the requirement or requirements would be impractical in the case of a person residing in another jurisdiction, provided the person is in compliance with any equivalent requirement of that jurisdiction. The department may waive the monthly fee required by subsection (7) of this section if collection of the fee would be impractical in the case of a person residing in another jurisdiction.