RCW 46.61.5055
Alcohol and drug violators
—
Penalty schedule.
(Effective until January 1, 2026.)
(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 twenty-four consecutive hours nor more than three hundred sixty-four 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 fifteen days of electronic home monitoring or a ninety-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 three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars 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 forty-eight consecutive hours nor more than three hundred sixty-four 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 thirty days of electronic home monitoring or a one hundred twenty 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 five hundred dollars nor more than five thousand dollars. Five hundred dollars 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 thirty days nor more than three hundred sixty-four days and sixty days of electronic home monitoring. Thirty days of imprisonment and sixty 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 one hundred eighty days of electronic home monitoring or a one hundred twenty-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 five hundred dollars nor more than five thousand dollars. Five hundred dollars 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 forty-five days nor more than three hundred sixty-four days and ninety days of electronic home monitoring. Forty-five days of imprisonment and ninety 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 one hundred twenty-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 seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars 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 ninety days nor more than three hundred sixty-four 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 one hundred twenty days of electronic home monitoring. Ninety days of imprisonment and one hundred twenty 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 one hundred twenty days of electronic home monitoring, the court may order three hundred sixty days of electronic home monitoring or a three hundred sixty-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 one thousand dollars nor more than five thousand dollars. One thousand dollars 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 one hundred twenty days nor more than three hundred sixty-four 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 one hundred fifty days of electronic home monitoring. One hundred twenty days of imprisonment and one hundred fifty 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 one hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring, the court may order three hundred sixty days of electronic home monitoring or a three hundred sixty-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 one thousand five hundred nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended unless the court finds the offender to be indigent.
(4)
Three or more prior offenses in ten 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 ten 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 sixteen were in the vehicle, the court shall:
(a) Order the use of an ignition interlock or other device for an additional twelve months for each passenger under the age of sixteen 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 eighteen months for each passenger under the age of sixteen 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 twenty-four hours of imprisonment to be served consecutively for each passenger under the age of sixteen, and a fine of not less than one thousand dollars and not more than five thousand dollars for each passenger under the age of sixteen. One thousand dollars of the fine for each passenger under the age of sixteen 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 sixteen, and a fine of not less than two thousand dollars and not more than five thousand dollars for each passenger under the age of sixteen. One thousand dollars of the fine for each passenger under the age of sixteen 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 sixteen, and a fine of not less than three thousand dollars and not more than ten thousand dollars for each passenger under the age of sixteen. One thousand dollars of the fine for each passenger under the age of sixteen 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 forty-five miles per hour or greater; and
(d) Whether a child passenger under the age of sixteen 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 ninety 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 ninety-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 nine hundred 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 three hundred sixty-four 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 thirty days, which shall not be suspended or deferred.
(c) 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 thirty 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 thirty 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.
(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 three hundred sixty-four days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring or alternative portion of the sentence shall be reduced so that the combination does not exceed three hundred sixty-four 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 ten years" means that the arrest for a prior offense occurred within ten years before or after the arrest for the current offense.
(15) All fines imposed by this section apply to adult offenders only.
[
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
—
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
.
PDF
RCW 46.61.5055
Alcohol and drug violators
—
Penalty schedule.
(Effective January 1, 2026.)
(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
.
RCW 46.61.5056
Alcohol and drug violators
—
Information school
—
Evaluation and treatment.
(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
.
RCW 46.61.50571
Alcohol or cannabis violators
—
Mandatory appearances
—
Electronic monitoring or alcohol abstinence monitoring.
(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
.
RCW 46.61.5058
Alcohol violators
—
Vehicle seizure and forfeiture.
(Effective until January 1, 2026.)
(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. The law enforcement agency under whose authority the seizure was made shall cause notice of the seizure and intended forfeiture of the seized vehicle to be served within fifteen days after the seizure on the owner of the vehicle seized, on the person in charge of the vehicle, and on any person having a known right or interest in the vehicle, including a community property interest. The notice of seizure may be served by any method authorized by law or court rule, including but not limited to service by certified mail with return receipt requested. Service by mail is complete upon mailing within the fifteen-day period after the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected on a certificate of title shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title.
(5) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the vehicle is deemed forfeited.
(6) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter
34.12
RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080
or
4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the vehicle is within the jurisdictional limit set forth in RCW 3.66.020
. A hearing before the seizing agency and any appeal therefrom shall be under Title
34
RCW. In a court hearing between two or more claimants to the vehicle involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to be the legal owner or the person claiming to have the lawful right to possession of the vehicle. The seizing law enforcement agency shall promptly return the vehicle to the claimant upon a determination by the administrative law judge or court that the claimant is the present legal owner under this title or is lawfully entitled to possession of the vehicle.
(7) 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.
(8) 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.
(9) Each seizing agency shall retain records of forfeited vehicles for at least seven years.
(10) Each seizing agency shall file a report including a copy of the records of forfeited vehicles with the state treasurer each calendar quarter.
(11) The quarterly report need not include a record of a forfeited vehicle that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.
(12) By January 31st of each year, each seizing agency shall remit to the state an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year for deposit into the *behavioral health loan repayment program account created in RCW 28B.115.135
through June 30, 2027, and into the state general fund thereafter.
(13) The net proceeds of a forfeited vehicle is the value of the forfeitable interest in the vehicle after deducting the cost of satisfying a bona fide security interest to which the vehicle is subject at the time of seizure; and in the case of a sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(14) The value of a sold forfeited vehicle is the sale price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing. A seizing agency may, but need not, use an independent qualified appraiser to determine the value of retained vehicles. If an appraiser is used, the value of the vehicle appraised is net of the cost of the appraisal.
[
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:
*Reviser's note:
The "behavioral health loan repayment program account" was changed to the "behavioral health loan repayment and scholarship program account" by
2024 c 369 s 6
.
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
.
PDF
RCW 46.61.5058
Alcohol violators
—
Vehicle seizure and forfeiture.
(Effective January 1, 2026.)
(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
.
RCW 46.61.506
Persons under influence of intoxicating liquor or drug
—
Evidence
—
Tests
—
Information concerning tests.
(Effective until 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 two hundred ten 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) 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 according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. 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 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 fifteen 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 fifteen-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 thirty-four 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 ten 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.
(5) 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.
(6) 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.
(7) The person tested may have a licensed or certified health care provider listed in subsection (5) 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.
(8) 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.
[
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.
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 two hundred ten 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) 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 according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. 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 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 fifteen 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 fifteen-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 thirty-four 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 ten 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.
(5) 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.
(6) 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.
(7) The person tested may have a licensed or certified health care provider listed in subsection (5) 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.
(8) 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.
[
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
—
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
.
RCW 46.61.5062
Driving under the influence
—
Oral fluid roadside test.
(Effective January 1, 2026.)
(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
.
RCW 46.61.507
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.
(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
.
RCW 46.61.508
Liability of medical personnel withdrawing blood.
(Effective until 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 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
.
RCW 46.61.513
Criminal history and driving record.
(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
.
RCW 46.61.5151
Sentences
—
Intermittent fulfillment
—
Restrictions.
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
.
RCW 46.61.5152
Attendance at program focusing on victims.
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
.
RCW 46.61.516
Qualified probation department defined.
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
.]
RCW 46.61.517
Refusal of tests
—
Admissibility as evidence.
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
.
RCW 46.61.519
Alcoholic beverages
—
Drinking or open container in vehicle on highway
—
Exceptions.
(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
.
RCW 46.61.5191
Local ordinances not prohibited.
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
.]
RCW 46.61.5195
Disguising alcoholic beverage container.
(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
.
RCW 46.61.520
Vehicular homicide
—
Penalty.
(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
.
RCW 46.61.522
Vehicular assault
—
Penalty.
(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
.
RCW 46.61.524
Vehicular homicide, assault
—
Revocation of driving privilege
—
Eligibility for reinstatement.
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
.
RCW 46.61.5249
Negligent driving
—
First degree.
(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
.
RCW 46.61.525
Negligent driving
—
Second degree.
(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
.
RCW 46.61.5259
Negligent driving with a vulnerable user victim
—
First degree
—
Penalties
—
Definitions.
(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
.]
RCW 46.61.526
Negligent driving
—
With a vulnerable user victim
—
Second degree
—
Penalties
—
Definitions.
(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
.]
RCW 46.61.527
Roadway construction zones.
(1) The secretary of transportation shall adopt standards and specifications for the use of traffic control devices in roadway construction zones on state highways. A roadway construction zone is an area where construction, repair, or maintenance work is being conducted by public employees or private contractors, on or adjacent to any public roadway. For the purpose of the pilot program referenced in section 218(2), chapter 470, Laws of 2009, during the 2009-2011 fiscal biennium, a roadway construction zone includes areas where public employees or private contractors are not present but where a driving condition exists that would make it unsafe to drive at higher speeds, such as, when the department is redirecting or realigning lanes on or adjacent to any public roadway pursuant to ongoing construction.
(2) No person may drive a vehicle in a roadway construction zone at a speed greater than that allowed by traffic control devices.
(3) A person found to have committed any infraction relating to speed restrictions in a roadway construction zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110
. This penalty may not be waived, reduced, or suspended.
(4) A person who drives a vehicle in a roadway construction zone in such a manner as to endanger or be likely to endanger any persons or property, or who removes, evades, or intentionally strikes a traffic safety or control device is guilty of reckless endangerment of roadway workers. A violation of this subsection is a gross misdemeanor punishable under chapter
9A.20
RCW.
(5) The department shall suspend for sixty days the license or permit to drive or a nonresident driving privilege of a person convicted of reckless endangerment of roadway workers.
[
2009 c 470 s 713
;
1994 c 141 s 1
.]
NOTES:
Effective date
—
2009 c 470:
See note following RCW 46.68.170
.
Effective date
—
1994 c 141:
"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 immediately [March 28, 1994]." [
1994 c 141 s 3
.]
RCW 46.61.530
Racing of vehicles on highways
—
Reckless driving
—
Exception.
(1) It shall be unlawful for any person or persons to race any motor vehicle or motor vehicles upon any public highway of this state as defined in RCW 46.04.197, or upon any off-street facility as defined in RCW 46.04.367
. Any person or persons who willfully compare or contest relative speeds by operation of one or more motor vehicles or who willfully demonstrates, exhibits, or compares speed, maneuverability, or the power of one or more motor vehicles, including "drifting," shall be guilty of racing, which shall constitute reckless driving under RCW 46.61.500
subjecting the violator to the penalties provided for under RCW 46.61.500
unless otherwise provided for in this section, whether or not such speed is in excess of the maximum speed prescribed by law: PROVIDED HOWEVER, That any comparison or contest of the accuracy with which motor vehicles may be operated in terms of relative speeds not in excess of the posted maximum speed does not constitute racing. Nothing in this section prohibits a person from being charged under other provisions of the law for other acts, results, incidents, damages, injuries, or deaths that occur as a result of, or in addition to, their participation in racing.
(2) Any person who knowingly aids and abets racing under subsection (1) of this section may be charged and prosecuted as an accomplice in accordance with RCW 46.64.048
.
(3) The offenses described in this section may be deemed to have been committed either at the time and location from which the person charged initiated his or her efforts, or at the time and location where the completed traffic infraction or crime occurred regardless of whether the person charged under this section was ever actually present at the time and location of the completed traffic infraction or crime.
[
2023 c 283 s 4
;
1979 ex.s. c 136 s 87
;
1961 c 12 s 46.48.050
. Prior:
1937 c 189 s 67
; RRS s 6360-67;
1921 c 96 s 32
;
1915 c 142 s 25
; RRS s 6344. Formerly RCW 46.48.050
.]
NOTES:
Rules of court:
Bail in criminal traffic offense cases
—
Mandatory appearance
—
CrRLJ 3.2.
Effective date
—
2023 c 283:
See note following RCW 46.04.367
.
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
Arrest of person involved in racing of vehicles: RCW 10.31.100
.
RCW 46.61.535
Advertising of unlawful speed
—
Reckless driving.
It shall be unlawful for any manufacturer, dealer, distributor, or any person, firm, or corporation to publish or advertise or offer for publication or advertisement, or to consent or cause to be published or advertised, the time consumed or speed attained by a vehicle between given points or over given or designated distances upon any public highways of this state when such published or advertised time consumed or speed attained shall indicate an average rate of speed between given points or over a given or designated distance in excess of the maximum rate of speed allowed between such points or at a rate of speed which would constitute reckless driving between such points. Violation of any of the provisions of this section shall be prima facie evidence of reckless driving and shall subject such person, firm, or corporation to the penalties in such cases provided.
[
1979 ex.s. c 136 s 88
;
1961 c 12 s 46.48.060
. Prior:
1937 c 189 s 68
; RRS s 6360-68. Formerly RCW 46.48.060
.]
NOTES:
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
RCW 46.61.540
"Drugs," what included.
The word "drugs," as used in RCW 46.61.500
through
46.61.535, shall include but not be limited to those drugs and substances regulated by chapters
69.41
and
69.50
RCW and any chemical inhaled or ingested for its intoxicating or hallucinatory effects.
[
2012 c 183 s 14
;
1975 1st ex.s. c 287 s 5
.]
NOTES:
Effective date
—
2012 c 183:
See note following RCW 9.94A.475
.
RCW 46.61.560
Stopping, standing, or parking outside business or residence districts.
(1) Outside of incorporated cities and towns no person may stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway.
(2) Subsection (1) of this section and RCW 46.61.570
and
46.61.575
do not apply to the driver of any vehicle that is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. The driver shall nonetheless arrange for the prompt removal of the vehicle as required by RCW 46.61.590
.
(3) Subsection (1) of this section does not apply to the driver of a public transit vehicle who temporarily stops the vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a marked transit vehicle stop zone approved by the state department of transportation or a county upon highways under their respective jurisdictions. However, public transportation service providers, including private, nonprofit transportation providers regulated under chapter
81.66
RCW, may allow the driver of a transit vehicle to stop upon the roadway momentarily to receive or discharge passengers at an unmarked stop zone only under the following circumstances: (a) The driver stops the vehicle in a safe and practicable position; (b) the driver activates four-way flashing lights; and (c) the driver stops at a portion of the highway with an unobstructed view, for an adequate distance so as to not create a hazard, for other drivers.
(4) Subsection (1) of this section and RCW 46.61.570
and
46.61.575
do not apply to the driver of a solid waste collection company or recycling company vehicle who temporarily stops the vehicle as close as practical to the right edge of the right-hand shoulder of the roadway or right edge of the roadway if no shoulder exists for the purpose of and while actually engaged in the collection of solid waste or recyclables, or both, under chapters
81.77, 35.21, and
35A.21
RCW or by contract under RCW 36.58.040
.
[
2009 c 274 s 1
;
1991 c 319 s 408
;
1984 c 7 s 72
;
1979 ex.s. c 178 s 20
;
1977 c 24 s 2
;
1965 ex.s. c 155 s 64
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
Severability
—
1979 ex.s. c 178:
See note following RCW 46.61.590
.
Limited access highways: RCW 47.52.120
.
Unattended motor vehicles: RCW 46.61.600
.
RCW 46.61.570
Stopping, standing, or parking prohibited in specified places
—
Reserving portion of highway prohibited.
(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:
(a) Stop, stand, or park a vehicle:
(i) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(ii) On a sidewalk or street planting strip;
(iii) Within an intersection;
(iv) On a crosswalk;
(v) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no-parking area opposite the ends of a safety zone;
(vi) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
(vii) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
(viii) On any railroad tracks;
(ix) In the area between roadways of a divided highway including crossovers; or
(x) At any place where official signs prohibit stopping.
(b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
(i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto, except that a city or county may, by ordinance or resolution, allow residential property owners within their jurisdiction to park, or allow another to park, across the point of ingress or egress of the driveway entering on to the residential property, provided that the driveway is no longer than 50 feet and that such parking does not obstruct a sidewalk, another driveway, or the roadway;
(ii) Within 15 feet of a fire hydrant;
(iii) Within 20 feet of a crosswalk;
(iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;
(v) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted; or
(vi) At any place where official signs prohibit standing.
(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:
(i) Within 50 feet of the nearest rail of a railroad crossing; or
(ii) At any place where official signs prohibit parking.
(2) Parking or standing shall be permitted in the manner provided by law at all other places except a time limit may be imposed or parking restricted at other places but such limitation and restriction shall be by city ordinance or county resolution or order of the secretary of transportation upon highways under their respective jurisdictions.
(3) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful.
(4) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right.
[
2025 c 137 s 1
;
1977 ex.s. c 151 s 40
;
1975 c 62 s 35
;
1965 ex.s. c 155 s 66
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
Federal requirements
—
1977 ex.s. c 151:
See RCW 47.98.070
.
Severability
—
1975 c 62:
See note following RCW 36.75.010
.
Limited access highways: RCW 47.52.120
.
RCW 46.61.575
Additional parking regulations
—
Motorcycle parking.
(1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.
(2) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. This subsection does not apply to the parking of motorcycles, unless a local jurisdiction prohibits angle parking as permitted under subsection (3)(a)(i) of this section and does not otherwise specify the manner in which a motorcycle must park.
(3)(a)(i) Every motorcycle stopped or parked on a one-way or two-way highway shall be so stopped or parked parallel or at an angle to the curb or edge of the highway with at least one wheel or fender within twelve inches of the curb nearest to which the motorcycle is parked or as close as practicable to the edge of the shoulder nearest to which the motorcycle is parked. A motorcycle may not be parked in such a manner that it extends into the roadway.
(ii) A county, city, or town may by ordinance prohibit the angle stopping or parking of a motorcycle as specified in (a)(i) of this subsection, but must post visible signage in a location to provide notice of the prohibition on angle stopping or parking for the prohibition to apply to that location.
(b)(i) More than one motorcycle may occupy a parking space, provided that the parked motorcycles occupying the parking space do not exceed the boundaries of that parking space.
(ii) All motor vehicle parking laws and penalties for the unlawful parking of a motor vehicle apply to each motorcycle parked in a parking space when multiple motorcycles are parked in that space to the same extent that motor vehicle parking laws apply to a single motor vehicle when it is the sole motor vehicle parked in a parking space. When proof of payment is required to be displayed by each motor vehicle parking at a location, all motorcycles must display such proof of payment, even if more than one motorcycle is parked in the same parking space. However, parking spaces that are metered by the space may not require payment multiple times for the use of a single parking space by multiple motorcycles during the same period of time.
(4) Local authorities may by ordinance or resolution permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the secretary of transportation has determined by order that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. The angle parking of motorcycles, which is governed under subsection (3) of this section, is not subject to this determination by the secretary of transportation.
(5) The secretary with respect to highways under his or her jurisdiction may place official traffic control devices prohibiting, limiting, or restricting the stopping, standing, or parking of vehicles on any highway where the secretary has determined by order, such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions indicated by such devices.
[
2020 c 163 s 1
;
1977 ex.s. c 151 s 41
;
1975 c 62 s 36
;
1965 ex.s. c 155 s 67
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
Federal requirements
—
1977 ex.s. c 151:
See RCW 47.98.070
.
Severability
—
1975 c 62:
See note following RCW 36.75.010
.
RCW 46.61.577
Regulations governing parking facilities.
The secretary of transportation may adopt regulations governing the use and control of park and ride lots and other parking facilities operated by the department of transportation, including time limits for the parking of vehicles.
[
1981 c 185 s 1
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
RCW 46.61.581
Parking spaces for persons with disabilities
—
Indication, access
—
Failure, penalty.
A parking space or stall for a person with a disability shall be indicated by a vertical sign with the international symbol of access, whose colors are white on a blue background, described under RCW 70.92.120
. The sign may include additional language such as, but not limited to, an indication of the amount of the monetary penalty defined in RCW 46.19.050
for parking in the space without a valid permit.
Failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a class 2 civil infraction under chapter
7.80
RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a class 2 civil infraction.
[
2010 c 161 s 1123
;
2005 c 390 s 1
;
1998 c 294 s 2
;
1988 c 74 s 1
;
1984 c 154 s 4
.]
NOTES:
Effective date
—
Intent
—
Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session
—
2010 c 161:
See notes following RCW 46.04.013
.
Intent
—
Application
—
Severability
—
1984 c 154:
See notes following RCW 46.55.113
.
Accessible parking spaces required: RCW 70.92.140
.
Special parking for persons with disabilities
—
Unauthorized use: RCW 46.19.050
.
RCW 46.61.582
Free parking for persons with disabilities
—
Exceptions.
(1) Any person who meets the criteria for special parking privileges under RCW 46.19.010
must be allowed free of charge to park a vehicle being used to transport the holder of such special parking privileges for unlimited periods of time in parking zones or areas, including zones or areas with parking meters that are otherwise restricted as to the length of time parking is permitted, except zones in which parking is limited pursuant to RCW 46.19.050
(5). The person must obtain and display a parking placard or special license plate under RCW 46.19.010
and
46.19.030
to be eligible for the privileges under this section.
(2) This section does not apply to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or that are reserved for special types of vehicles.
[
2014 c 124 s 7
;
2011 c 171 s 80
;
2010 c 161 s 1124
;
1991 c 339 s 25
;
1984 c 154 s 5
.]
NOTES:
Finding
—
Intent
—
Effective date
—
2014 c 124:
See notes following RCW 46.19.010
.
Intent
—
Effective date
—
2011 c 171:
See notes following RCW 4.24.210
.
Effective date
—
Intent
—
Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session
—
2010 c 161:
See notes following RCW 46.04.013
.
Intent
—
Application
—
Severability
—
1984 c 154:
See notes following RCW 46.55.113
.
RCW 46.61.583
Special plate or card issued by another jurisdiction.
A special license plate or card issued by another state or country that indicates an occupant of the vehicle has a disability entitles the vehicle on or in which it is displayed and being used to transport the person with disabilities to the same parking privileges granted under this chapter to a vehicle with a similar special license plate or card issued by this state.
[
2014 c 124 s 8
;
1991 c 339 s 26
;
1984 c 51 s 2
.]
NOTES:
Finding
—
Intent
—
Effective date
—
2014 c 124:
See notes following RCW 46.19.010
.
RCW 46.61.585
Winter recreational parking areas
—
Special permit required.
Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall park a vehicle in an area designated by an official sign that it is a winter recreational parking area unless such vehicle displays, in accordance with regulations adopted by the parks and recreation commission, a special winter recreational area parking permit or permits.
[
1990 c 49 s 4
;
1975 1st ex.s. c 209 s 5
.]
NOTES:
Severability
—
1975 1st ex.s. c 209:
See note following RCW 79A.05.225
.
Winter recreational parking areas: RCW 79A.05.225
through
79A.05.255
.
RCW 46.61.587
Winter recreational parking areas
—
Penalty.
Any violation of RCW 79A.05.240
or
46.61.585
or any rule adopted by the parks and recreation commission to enforce the provisions thereof is a civil infraction as provided in chapter
7.84
RCW.
[
1999 c 249 s 501
;
1984 c 258 s 329
;
1977 c 57 s 1
;
1975 1st ex.s. c 209 s 6
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
Severability
—
1999 c 249:
See note following RCW 79A.05.010
.
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Intent
—
1984 c 258:
See note following RCW 3.34.130
.
Severability
—
1975 1st ex.s. c 209:
See note following RCW 79A.05.225
.
RCW 46.61.590
Unattended motor vehicle
—
Removal from highway.
It is unlawful for the operator of a vehicle to leave the vehicle unattended within the limits of any highway unless the operator of the vehicle arranges for the prompt removal of the vehicle.
[
1979 ex.s. c 178 s 1
.]
NOTES:
Severability
—
1979 ex.s. c 178:
"If any provision of this 1979 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." [
1979 ex.s. c 178 s 23
.]
Towing and impoundment: Chapter
46.55
RCW.
RCW 46.61.600
Unattended motor vehicle.
(1) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway.
(2) The most recent driver of a motor vehicle which the driver has left standing unattended, who learns that the vehicle has become set in motion and has struck another vehicle or property, or has caused injury to any person, shall comply with the requirements of:
(a) RCW 46.52.010
if his or her vehicle strikes an unattended vehicle or property adjacent to a public highway; or
(b) RCW 46.52.020
if his or her vehicle causes damage to an attended vehicle or other property or injury to any person.
(3) Any person failing to comply with subsection (2)(b) of this section shall be subject to the sanctions set forth in RCW 46.52.020
.
[
2010 c 8 s 9072
;
1980 c 97 s 2
;
1965 ex.s. c 155 s 68
.]
NOTES:
Effective date
—
1980 c 97:
See note following RCW 46.52.020
.
RCW 46.61.605
Limitations on backing.
(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access highway.
[
1965 ex.s. c 155 s 69
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
RCW 46.61.606
Driving on sidewalk prohibited
—
Exception.
No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
[
1975 c 62 s 45
.]
NOTES:
Severability
—
1975 c 62:
See note following RCW 36.75.010
.
RCW 46.61.608
Operating motorcycles on roadways laned for traffic.
(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
(2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. However, this subsection shall not apply when the operator of a motorcycle overtakes and passes a pedestrian or bicyclist while maintaining a safe passing distance of at least three feet.
(3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
(4) Motorcycles shall not be operated more than two abreast in a single lane.
(5) Subsections (2) and (3) of this section shall not apply to police officers in the performance of their official duties.
[
2013 c 139 s 1
;
1975 c 62 s 46
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
Severability
—
1975 c 62:
See note following RCW 36.75.010
.
RCW 46.61.610
Riding on motorcycles.
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. However, the motorcycle must contain foot pegs or be equipped with an additional bucket seat and seat belt meeting standards prescribed under 49 C.F.R. Part 571 for each person such motorcycle is designed to carry.
[
2009 c 275 s 7
;
1975 c 62 s 37
;
1967 c 232 s 5
;
1965 ex.s. c 155 s 70
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
Severability
—
1975 c 62:
See note following RCW 36.75.010
.
Equipment regulations for motorcycles, motor-driven cycles, mopeds, or electric-assisted bicycles: RCW 46.37.530, 46.37.535
.
Mopeds: RCW 46.16A.405, 46.61.710, 46.61.720
.
RCW 46.61.611
Motorcycles
—
Maximum height for handlebars.
No person shall operate on a public highway a motorcycle in which the handlebars or grips are more than thirty inches higher than the seat or saddle for the operator.
[
1999 c 275 s 1
;
1967 c 232 s 6
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
RCW 46.61.612
Riding on motorcycles
—
Position of feet.
No person shall ride a motorcycle in a position where both feet are placed on the same side of the motorcycle.
[
1967 c 232 s 7
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
RCW 46.61.613
Motorcycles
—
Temporary suspension of restrictions for parades or public demonstrations.
The provisions of RCW 46.37.530
and
46.61.610
through
46.61.612
are temporarily suspended with respect to the operation of motorcycles on a closed road during a parade or public demonstration that has been permitted by a local jurisdiction.
[
2011 c 332 s 1
;
2010 c 8 s 9073
;
1967 c 232 s 8
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
RCW 46.61.614
Riding on motorcycles
—
Clinging to other vehicles.
No person riding upon a motorcycle shall attach himself or herself or the motorcycle to any other vehicle on a roadway.
[
2010 c 8 s 9074
;
1975 c 62 s 47
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
Severability
—
1975 c 62:
See note following RCW 36.75.010
.
RCW 46.61.615
Obstructions to driver's view or driving mechanism.
(1) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
(2) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his or her control over the driving mechanism of the vehicle.
[
2010 c 8 s 9075
;
1965 ex.s. c 155 s 71
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
RCW 46.61.620
Opening and closing vehicle doors.
No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle adjacent to moving traffic for a period of time longer than necessary to load or unload passengers.
[
1965 ex.s. c 155 s 72
.]
RCW 46.61.625
Riding in trailers or towed vehicles.
(1) No person or persons shall occupy any trailer while it is being moved upon a public highway, except a person occupying a proper position for steering a trailer designed to be steered from a rear-end position.
(2) Except as provided in subsection (3) of this section, no person or persons may occupy a vehicle while it is being towed by a tow truck as defined in RCW 46.55.010
.
(3)(a) A tow truck operator may allow passengers to ride in a vehicle that is carried on the deck of a flatbed tow truck only when the following conditions are met:
(i) The number of people that need to be transported exceeds the seating capacity of the tow truck or a person needing to be transported has a disability that limits that person's ability to enter the tow truck;
(ii) All passengers in the carried vehicle and in the tow truck comply with RCW 46.61.687
and
46.61.688
;
(iii) Any passenger under sixteen years of age is accompanied by an adult riding in the same vehicle; and
(iv) There is a way for the passengers in the carried vehicle to immediately communicate, either verbally, audibly, or visually, with the tow truck operator in case of an emergency.
(b) No passenger of such a carried vehicle may exit the carried vehicle, ride outside of the passenger compartment of the carried vehicle, or exhibit dangerous or distracting behaviors while in the carried vehicle.
[
2013 c 155 s 1
;
1999 c 398 s 9
;
1995 c 360 s 10
;
1965 ex.s. c 155 s 73
.]
RCW 46.61.630
Coasting prohibited.
(1) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral.
(2) The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.
[
1965 ex.s. c 155 s 74
.]
RCW 46.61.635
Following fire apparatus prohibited.
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or stop such vehicle within five hundred feet of any fire apparatus stopped in answer to a fire alarm.
[
1975 c 62 s 38
;
1965 ex.s. c 155 s 75
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
Severability
—
1975 c 62:
See note following RCW 36.75.010
.
RCW 46.61.640
Crossing fire hose.
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command.
[
1965 ex.s. c 155 s 76
.]
RCW 46.61.645
Throwing materials on highway prohibited
—
Removal.
(1) Any person who drops, or permits to be dropped or thrown, upon any highway any material shall immediately remove the same or cause it to be removed.
(2) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
[
2003 c 337 s 5
;
1965 ex.s. c 155 s 77
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
Findings
—
2003 c 337:
See note following RCW 70A.200.060
.
Lighted material, disposal of: RCW 76.04.455
.
Littering: Chapter
70A.200
RCW.
RCW 46.61.655
Dropping load, other materials
—
Covering.
(1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction.
(2) No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
(3) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed.
(4)(a) Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.
(b) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.
(5) The state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.
(6) Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.
(7)(a)(i) A person is guilty of failure to secure a load in the first degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section and causes substantial bodily harm to another.
(ii) Failure to secure a load in the first degree is a gross misdemeanor.
(b)(i) A person is guilty of failure to secure a load in the second degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1) or (2) of this section and causes damage to property of another.
(ii) Failure to secure a load in the second degree is a misdemeanor.
(c) A person who fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section is guilty of an infraction if such failure does not amount to a violation of (a) or (b) of this subsection.
[
2005 c 431 s 1
;
1990 c 250 s 56
;
1986 c 89 s 1
;
1971 ex.s. c 307 s 22
;
1965 ex.s. c 52 s 1
;
1961 c 12 s 46.56.135
. Prior: 1947 c 200 s 3, part; 1937 c 189 s 44, part; Rem. Supp. 1947 s 6360-44, part. Formerly RCW 46.56.135
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
Littering: Chapter
70A.200
RCW.
Transporting waste to landfills: RCW 70A.200.120
.
RCW 46.61.660
Carrying persons or animals on outside part of vehicle.
It shall be unlawful for any person to transport any living animal on the running board, fenders, hood, or other outside part of any vehicle unless suitable harness, cage or enclosure be provided and so attached as to protect such animal from falling or being thrown therefrom. It shall be unlawful for any person to transport any persons upon the running board, fenders, hood or other outside part of any vehicle, except that this provision shall not apply to authorized emergency vehicles or to solid waste collection vehicles that are engaged in collecting solid waste or recyclables on route at speeds of twenty miles per hour or less.
[
1997 c 190 s 1
;
1961 c 12 s 46.56.070
. Prior:
1937 c 189 s 115
; RRS s 6360-115. Formerly RCW 46.56.070
.]
RCW 46.61.665
Embracing another while driving.
It shall be unlawful for any person to operate a motor vehicle upon the highways of this state when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle in violation of this section is prima facie evidence of reckless driving.
[
1979 ex.s. c 136 s 89
;
1961 c 12 s 46.56.100
. Prior:
1937 c 189 s 117
; RRS s 6360-117;
1927 c 309 s 49
; RRS s 6362-49. Formerly RCW 46.56.100
.]
NOTES:
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
RCW 46.61.670
Driving with wheels off roadway.
It shall be unlawful to operate or drive any vehicle or combination of vehicles over or along any pavement or gravel or crushed rock surface on a public highway with one wheel or all of the wheels off the roadway thereof, except as permitted by RCW 46.61.428
or for the purpose of stopping off such roadway, or having stopped thereat, for proceeding back onto the pavement, gravel or crushed rock surface thereof.
[
1977 ex.s. c 39 s 2
;
1961 c 12 s 46.56.130
. Prior:
1937 c 189 s 96
; RRS s 6360-96. Formerly RCW 46.56.130
.]
RCW 46.61.672
Using a personal electronic device while driving.
(1) A person who uses a personal electronic device while driving a motor vehicle on a public highway is guilty of a traffic infraction and must pay a fine as provided in RCW 46.63.110
(3).
(2) Subsection (1) of this section does not apply to:
(a) A driver who is using a personal electronic device to contact emergency services;
(b) The use of a system by a transit system employee for time-sensitive relay communication between the transit system employee and the transit system's dispatch services;
(c) An individual employed as a commercial motor vehicle driver who uses a personal electronic device within the scope of such individual's employment if such use is permitted under 49 U.S.C. Sec. 31136 as it existed on July 23, 2017; and
(d) A person operating an authorized emergency vehicle.
(3) The state preempts the field of regulating the use of personal electronic devices in motor vehicles while driving, and this section supersedes any local laws, ordinances, orders, rules, or regulations enacted by any political subdivision or municipality to regulate the use of a personal electronic device by the operator of a motor vehicle.
(4) A second or subsequent offense under this section is subject to two times the penalty amount under RCW 46.63.110
.
(5) For purposes of this section:
(a) "Driving" means to operate a motor vehicle on a public highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. "Driving" does not include when the vehicle has pulled over to the side of, or off of, an active roadway and has stopped in a location where it can safely remain stationary.
(b) "Personal electronic device" means any portable electronic device that is capable of wireless communication or electronic data retrieval and is not manufactured primarily for hands-free use in a motor vehicle. "Personal electronic device" includes, but is not limited to, a cell phone, tablet, laptop, two-way messaging device, or electronic game. "Personal electronic device" does not include two-way radio, citizens band radio, or amateur radio equipment.
(c) "Use" or "uses" means:
(i) Holding a personal electronic device in either hand or both hands;
(ii) Using your hand or finger to compose, send, read, view, access, browse, transmit, save, or retrieve email, text messages, instant messages, photographs, or other electronic data; however, this does not preclude the minimal use of a finger to activate, deactivate, or initiate a function of the device;
(iii) Watching video on a personal electronic device.
[
2017 c 334 s 1
.]
RCW 46.61.673
Dangerously distracted driving.
(1)(a) It is a traffic infraction to drive dangerously distracted. Any driver who commits this infraction must be assessed a base penalty of thirty dollars.
(b) Enforcement of the infraction of driving dangerously distracted may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of a separate traffic infraction or an equivalent local ordinance.
(c) For the purposes of this section, "dangerously distracted" means a person who engages in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such motor vehicle on any highway.
(2) The additional monetary penalty imposed under this section must be deposited into the distracted driving prevention account created in subsection (3) of this section.
(3) The distracted driving prevention account is created in the state treasury. All receipts from the base penalty in subsection (1) of this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to support programs dedicated to reducing distracted driving and improving driver education on distracted driving.
[
2017 c 334 s 3
.]
RCW 46.61.675
Causing or permitting vehicle to be unlawfully operated.
It shall be unlawful for the owner, or any other person, in employing or otherwise directing the operator of any vehicle to require or knowingly to permit the operation of such vehicle upon any public highway in any manner contrary to the law.
[
1961 c 12 s 46.56.200
. Prior:
1937 c 189 s 148
; RRS s 6360-148. Formerly RCW 46.56.200
.]
RCW 46.61.680
Lowering passenger vehicle below legal clearance
—
Penalty.
It is unlawful to operate any passenger motor vehicle which has been modified from the original design so that any portion of such passenger vehicle other than the wheels has less clearance from the surface of a level roadway than the clearance between the roadway and the lowermost portion of any rim of any wheel the tire on which is in contact with such roadway.
Violation of the provisions of this section is a traffic infraction.
[
1979 ex.s. c 136 s 90
;
1961 c 151 s 1
. Formerly RCW 46.56.220
.]
NOTES:
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
RCW 46.61.685
Leaving children unattended in standing vehicle with motor running
—
Penalty.
(1) It is unlawful for any person, while operating or in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or in a public place with its motor running, leaving a minor child or children under the age of sixteen years unattended in the vehicle.
(2) Any person violating this section is guilty of a misdemeanor. Upon a second or subsequent conviction for a violation of this section, the department shall revoke the operator's license of such person.
[
2003 c 53 s 246
;
1990 c 250 s 57
;
1961 c 151 s 2
. Formerly RCW 46.56.230
.]
NOTES:
Rules of court:
Bail in criminal traffic offense cases
—
Mandatory appearance
—
CrRLJ 3.2.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Leaving children unattended in parked automobile while entering tavern, etc.:  RCW 9.91.060
.
RCW 46.61.687
Child restraint system required
—
Conditions
—
Exceptions
—
Penalty for violation
—
Dismissal
—
Noncompliance not negligence
—
Immunity.
(1) Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510
to be equipped with a safety belt system in a passenger seating position, or is being transported in a neighborhood electric vehicle or medium-speed electric vehicle that is in operation, the driver of the vehicle shall keep the child properly restrained as follows:
(a) A child under the age of two years must be properly secured in a child restraint system that is rear-facing until the child reaches the weight or height limit of the child restraint system as set by the manufacturer. A child may continue to be properly secured in a child restraint system that is rear-facing until the child reaches the weight or height limit of the child restraint system as set by the manufacturer, as recommended by the American academy of pediatrics.
(b) A child who is not properly secured in a rear-facing child restraint system in accordance with (a) of this subsection and who is under the age of four years must be properly secured in a child restraint system that is forward-facing and has a harness until the child reaches the weight or height limit of the child restraint system as set by the manufacturer. A child may continue to be properly secured in a child restraint system that is forward-facing and has a harness until the child reaches the weight or height limit of the child restraint system as set by the manufacturer, as recommended by the American academy of pediatrics.
(c) A child who is not properly secured in a child restraint system in accordance with (a) or (b) of this subsection and who is under four feet nine inches tall must be properly secured in a child booster seat. A child may continue to be properly secured in a child booster seat until the vehicle lap and shoulder seat belts fit properly, typically when the child is between the ages of eight and twelve years of age, as recommended by the American academy of pediatrics, or must be properly secured with the motor vehicle's safety belt properly adjusted and fastened around the child's body.
(d) The child restraint system used must comply with standards of the United States department of transportation and must be secured in the vehicle in accordance with instructions of the vehicle manufacturer and the child restraint system manufacturer.
(e) The child booster seat used must comply with standards of the United States department of transportation and must be secured in the vehicle in accordance with instructions of the vehicle manufacturer and the child booster seat manufacturer to position a child to sit properly in a federally approved safety seat belt system.
(f) The driver of a vehicle transporting a child who is under thirteen years old shall transport the child in the back seat positions in the vehicle where it is practical to do so.
(2) Enforcement of subsection (1) of this section is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a child restraint system must ensure that the child restraint system is being used in accordance with the instruction of the vehicle and the child restraint system manufacturers.
(3) A person violating subsection (1) of this section may be issued a notice of traffic infraction under chapter
46.63
RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.
(4) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian. Failure to use a child restraint system shall not be admissible as evidence of negligence in any civil action.
(5) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.
(6) As used in this section:
(a) "Child booster seat" is a type of child restraint system; a backless child restraint system or a belt positioning system is a child booster seat provided it meets the federal motor vehicle safety standards set forth in 49 C.F.R. Sec. 571.213.
(b) "Child restraint system" means a child passenger restraint system that meets the federal motor vehicle safety standards set forth in 49 C.F.R. Sec. 571.213.
(7) The requirements of subsection (1)(c) of this section do not apply in any seating position where there is only a lap belt available.
(8)(a) Except as provided in (b) of this subsection, a person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
(b) The immunity provided in this subsection does not apply to a certified child passenger safety technician who is employed by a retailer of child restraint systems and who, during his or her hours of employment and while being compensated, provides inspection, adjustment, or educational services regarding child restraint systems.
[
2019 c 59 s 1
;
2007 c 510 s 4
. Prior:
2005 c 415 s 1
;
2005 c 132 s 1
;
2003 c 353 s 5
;
2000 c 190 s 2
;
1994 c 100 s 1
;
1993 c 274 s 1
;
1987 c 330 s 745
;
1983 c 215 s 2
.]
NOTES:
Effective date
—
2019 c 59:
"This act takes effect January 1, 2020." [
2019 c 59 s 3
.]
Effective date
—
2007 c 510:
See note following RCW 46.04.320
.
Effective date
—
2005 c 132 s 1:
"Section 1 of this act takes effect June 1, 2007." [
2005 c 132 s 3
.]
Effective date
—
2003 c 353:
See note following RCW 46.04.320
.
Intent
—
2000 c 190:
"The legislature recognizes that fewer than five percent of all drivers use child booster seats for children over the age of four years. The legislature also recognizes that seventy-one percent of deaths resulting from car accidents could be eliminated if every child under the age of sixteen used an appropriate child safety seat, booster seat, or seat belt. The legislature further recognizes the National Transportation Safety Board's recommendations that promote the use of booster seats to increase the safety of children under eight years of age. Therefore, it is the legislature's intent to decrease deaths and injuries to children by promoting safety education and injury prevention measures, as well as increasing public awareness on ways to maximize the protection of children in vehicles." [
2000 c 190 s 1
.]
Short title
—
2000 c 190:
"This act may be known and cited as the Anton Skeen Act." [
2000 c 190 s 5
.]
Effective date
—
2000 c 190:
"This act takes effect July 1, 2002." [
2000 c 190 s 6
.]
Construction
—
Application of rules
—
Severability
—
1987 c 330:
See notes following RCW 28B.12.050
.
Severability
—
1983 c 215:
See note following RCW 46.37.505
.
Standards for child passenger restraint systems: RCW 46.37.505
.
RCW 46.61.6871
Child passenger safety technician
—
Immunity.
A person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child passenger restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
[
2005 c 132 s 2
.]
RCW 46.61.688
Safety belts, use required
—
Penalties
—
Exemptions.
(1) For the purposes of this section, "motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;
(b) "Medium-speed electric vehicle" meaning a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than thirty miles per hour but not more than thirty-five miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500;
(c) "Motorcycle," meaning a three-wheeled motor vehicle that is designed (i) so that the driver rides on a seat in a partially or completely enclosed seating area that is equipped with safety belts and (ii) to be steered with a steering wheel;
(d) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;
(e) "Neighborhood electric vehicle," meaning a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour and conforms to federal regulations under 49 C.F.R. Sec. 571.500;
(f) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and
(g) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.
(2)(a) This section only applies to:
(i) Motor vehicles that meet the manual seat belt safety standards as set forth in 49 C.F.R. Sec. 571.208;
(ii) Motorcycles, when equipped with safety belts that meet the standards set forth in 49 C.F.R. Part 571; and
(iii) Neighborhood electric vehicles and medium-speed electric vehicles that meet the seat belt standards as set forth in 49 C.F.R. Sec. 571.500.
(b) This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required under 49 C.F.R. Part 571 are occupied.
(3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.
(4) No person may operate a motor vehicle unless all child passengers under the age of sixteen years are either: (a) Wearing a safety belt assembly or (b) are securely fastened into an approved child restraint device.
(5) A person violating this section shall be issued a notice of traffic infraction under chapter
46.63
RCW. A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers.
(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.
(7) This section does not apply to an operator or passenger, except for an operator or passenger operating a commercial motor vehicle as defined in RCW 46.32.005, who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.
(8) The state patrol may adopt rules exempting operators or occupants of farm vehicles, construction equipment, and vehicles that are required to make frequent stops from the requirement of wearing safety belts.
[
2019 c 173 s 1
. Prior:
2009 c 275 s 8
;
2007 c 510 s 5
;
2003 c 353 s 4
;
2002 c 328 s 2
; (2002 c 328 s 1 expired July 1, 2002);
2000 c 190 s 3
;
1990 c 250 s 58
;
1986 c 152 s 1
.]
NOTES:
Effective date
—
2007 c 510:
See note following RCW 46.04.320
.
Effective date
—
2003 c 353:
See note following RCW 46.04.320
.
Expiration date
—
2002 c 328 s 1:
"Section 1 of this act expires July 1, 2002." [
2002 c 328 s 3
.]
Effective date
—
2002 c 328 s 2:
"Section 2 of this act takes effect July 1, 2002." [
2002 c 328 s 4
.]
Intent
—
Short title
—
Effective date
—
2000 c 190:
See notes following RCW 46.61.687
.
Study of effectiveness
—
1986 c 152:
"The traffic safety commission shall undertake a study of the effectiveness of section 1 of this act and shall report its finding to the legislative transportation committee by January 1, 1989." [
1986 c 152 s 3
.]
Physicians
—
Immunity from liability regarding safety belts: RCW 4.24.235
.
Seat belts and shoulder harnesses, required equipment: RCW 46.37.510
.
RCW 46.61.6885
Child restraints, seat belts
—
Educational campaign.
The traffic safety commission shall conduct an educational campaign using all available methods to raise public awareness of the importance of properly restraining child passengers and the value of seat belts to adult motorists. The traffic safety commission shall report to the transportation committees of the legislature on the campaign and results observed on the highways. The first report is due December 1, 2000, and annually thereafter.
[
2000 c 190 s 4
.]
NOTES:
Intent
—
Short title
—
Effective date
—
2000 c 190:
See notes following RCW 46.61.687
.
RCW 46.61.690
Violations relating to toll facilities
—
Exception.
(1) Any person who uses a toll bridge, toll tunnel, toll road, or toll ferry, and the approaches thereto, operated by the state of Washington, the department of transportation, a political subdivision or municipal corporation empowered to operate toll facilities, or an entity operating a toll facility under a contract with the department of transportation, a political subdivision, or municipal corporation, at the entrance to which appropriate signs have been erected to notify both pedestrian and vehicular traffic that it is entering a toll facility or its approaches and is subject to the payment of tolls at the designated station for collecting tolls, commits a traffic infraction if:
(a) The person does not pay, refuses to pay, evades, or attempts to evade the payment of such tolls, or uses or attempts to use any spurious, counterfeit, or stolen ticket, coupon, token, or electronic device for payment of any such tolls;
(b) The person turns, or attempts to turn, the vehicle around in the bridge, tunnel, loading terminal, approach, or toll plaza where signs have been erected forbidding such turns;
(c) The person refuses to move a vehicle through the toll facility after having come within the area where signs have been erected notifying traffic that it is entering the area where toll is collectible or where vehicles may not turn around and where vehicles are required to pass through the toll facility for the purpose of collecting tolls; or
(d) The driver of the vehicle displays any vehicle license number plate or plates that have been, in any manner, changed, altered, obscured, or disfigured, or have become illegible.
(2) Subsection (1)(a) of this section does not apply to toll nonpayment detected through the use of photo toll systems under RCW 46.63.160
.
[
2010 c 249 s 9
;
2004 c 231 s 1
;
1983 c 247 s 1
;
1979 ex.s. c 136 s 91
;
1961 c 259 s 1
. Formerly RCW 46.56.240
.]
NOTES:
Contingent effective date
—
2010 c 249:
See note following RCW 47.56.795
.
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
Severability
—
1961 c 259:
"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." [
1961 c 259 s 2
.]
RCW 46.61.700
Parent or guardian shall not authorize or permit violation by a child or ward.
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.
[
1965 ex.s. c 155 s 78
.]
NOTES:
Reviser's note:
This section was enacted just before sections about the operation of bicycles and play vehicles and was accordingly so codified in 1965. Other sections enacted later have been codified under the numbers remaining between RCW 46.61.700
and
46.61.750
. The section appears in the Uniform Vehicle Code (1962) as part of the first section of Article XII
—
Operation of Bicycles and Play Vehicles.
Unlawful to allow unauthorized child or ward to drive: RCW 46.20.024
.