RCW 46.20.2892
Traffic infractions for moving violations
—
Suspension
—
Probation
—
Notice.
(Effective until October 1, 2025.)
(1) Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department must suspend the license of the driver for a period of 60 days and establish a period of probation for one calendar year to begin when the suspension ends. Prior to reinstatement of a license, the person must complete a safe driving course as recommended by the department. During the period of probation, the person must not be convicted of any additional traffic infractions for moving violations. Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension to run consecutively with any suspension already being served.
(2) When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
(3) The department may not charge a reissue fee at the end of the term of suspension under this section.
(4) For purposes of this section, multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
[
2021 c 240 s 7
.]
NOTES:
Effective date
—
2021 c 240:
See note following RCW 46.63.060
.
PDF
RCW 46.20.2892
Traffic infractions for moving violations
—
Suspension
—
Probation
—
Notice.
(Effective October 1, 2025.)
(1) Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department must suspend the license of the driver for a period of 60 days and establish a period of probation for one year to begin when the suspension ends. Prior to reinstatement of a license, the person must complete a safe driving course as recommended by the department. During the period of probation, the person must not be convicted of any additional traffic infractions for moving violations. Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension to run consecutively with any suspension already being served.
(2) When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
(3) The department may not charge a reissue fee at the end of the term of suspension under this section.
(4) For purposes of this section, multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
[
2025 c 23 s 7
;
2021 c 240 s 7
.]
NOTES:
Effective date
—
2025 c 23 ss 1-4 and 6-14:
See note following RCW 46.04.480
.
Effective date
—
2021 c 240:
See note following RCW 46.63.060
.
PDF
RCW 46.20.2892
Traffic infractions for moving violations
—
Suspension
—
Probation
—
Notice
(as amended by 2025 c 175)
.
(Effective April 1, 2026.)
(1) Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department must suspend the license of the driver for a period of 60 days and establish a period of probation for one ((
calendar
)) year to begin when the suspension ends
, except as provided in subsection (2) of this section
. Prior to reinstatement of a license, the person must complete a safe driving course as recommended by the department.
(2) At any time after the department provides notice of a pending suspension under subsection (1) of this section, a person may complete the safe driving course mandated under subsection (1) of this section. The department must terminate a suspension or pending suspension prior to the expiration of the 60-day period when the department receives notice that the person has completed the safe driving course, provided applicable requirements under RCW 46.20.311
have been met and any other applicable licensing fees have been paid. The department must establish a period of probation for one year to begin the day the suspension or pending suspension is terminated. A suspension or pending suspension may only be terminated early once every five years under this subsection.
(3)
During ((
the
))
a
period of probation, the person must not be convicted of any additional traffic infractions for moving violations. Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension to run consecutively with any suspension already being served.
A person is not eligible for early reinstatement under subsection (2) of this section for a probation violation that occurs during the period of probation.
((
(2)
))
(4)
When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
((
(3)
))
(5)
The department may not charge a reissue fee at the end of the term of suspension under this section.
((
(4)
))
(6)
For purposes of this section, multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
[
2025 c 175 s 1
;
2021 c 240 s 7
.]
NOTES:
Effective date
—
2025 c 175:
"This act takes effect April 1, 2026." [
2025 c 175 s 3
.]
PDF
RCW 46.20.2892
Traffic infractions for moving violations
—
Suspension
—
Probation
—
Notice
(as amended by 2025 c 228)
.
(Effective January 1, 2029.)
(1)
(a)
Whenever the official records of the department show that a person has committed a traffic infraction for a moving violation on three or more occasions within a one-year period, or on four or more occasions within a two-year period, the department must suspend the license of the driver for a period of 60 days and establish a period of probation for one calendar year to begin when the suspension ends. Prior to reinstatement of a license, the person must complete a safe driving course as recommended by the department. During the period of probation,
and subject to the requirements of (b) of this subsection,
the person must not be convicted of any additional traffic infractions for moving violations. Any traffic infraction for a moving violation committed during the period of probation shall result in an additional 30-day suspension to run consecutively with any suspension already being served.
(b)
(i) During the first 120 days of the period of probation, following the period of suspension for an accumulation of moving violations under this section in which one or more of the violations is for excessive speeding, as defined in RCW 46.04.16991, the person may not operate a vehicle upon which a properly functioning intelligent speed assistance device has not been installed. The operation of a vehicle without such a properly functioning intelligent speed assistance device is a traffic infraction.
(2) When a person has committed a traffic infraction for a moving violation on two occasions within a one-year period or three occasions within a two-year period, the department shall send the person a notice that an additional infraction will result in suspension of the person's license for a period of 60 days.
(3) The department may not charge a reissue fee at the end of the term of suspension under this section.
(4) For purposes of this section, multiple traffic infractions issued during or as the result of a single traffic stop constitute one occasion.
(5) A person who is required to operate a motor vehicle with an intelligent speed assistance device under subsection (1) of this section remains exclusively responsible for operation of the motor vehicle in a safe and lawful manner at all times. The obligation under subsection (1) of this section to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
[
2025 c 228 s 12
;
2021 c 240 s 7
.]
NOTES:
Reviser's note:
RCW 46.20.2892
was amended twice during the 2025 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025
.
Intent
—
Finding
—
Short title
—
Effective date
—
2025 c 228:
See notes following RCW 46.20.760
.
Effective date
—
2021 c 240:
See note following RCW 46.63.060
.
RCW 46.20.291
Authority to suspend
—
Grounds.
The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;
(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;
(3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;
(4) Is incompetent to drive a motor vehicle under RCW 46.20.031
(3);
(5) Has failed to respond to a notice of traffic infraction, failed to appear at a hearing, or has failed to comply with the terms of a criminal complaint or criminal citation for a moving violation, as provided in RCW 46.20.289
;
(6) Is subject to suspension under RCW 46.20.305
or
9A.56.078
;
(7) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.0921
; or
(8) Has been certified by the department of social and health services as a person who is not in compliance with a child support order or a *residential or visitation order as provided in RCW 74.20A.320
.
[
2021 c 240 s 6
;
2016 c 203 s 5
;
2007 c 393 s 2
;
1998 c 165 s 12
;
1997 c 58 s 806
;
1993 c 501 s 4
;
1991 c 293 s 5
;
1980 c 128 s 12
;
1965 ex.s. c 121 s 25
.]
NOTES:
*Reviser's note:
1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320
.
Effective date
—
2021 c 240:
See note following RCW 46.63.060
.
Effective date
—
1998 c 165 ss 8-14:
See note following RCW 46.52.070
.
Short title
—
1998 c 165:
See note following RCW 43.59.010
.
Short title
—
Part headings, captions, table of contents not law
—
Exemptions and waivers from federal law
—
Conflict with federal requirements
—
Severability
—
1997 c 58:
See RCW 74.08A.900
through
74.08A.904
.
Effective dates
—
Intent
—
1997 c 58:
See notes following RCW 74.20A.320
.
Effective date
—
Severability
—
1980 c 128:
See notes following RCW 46.63.060
.
Reckless driving, suspension of license: RCW 46.61.500
.
Vehicular assault
drug and alcohol evaluation and treatment: RCW 9.94A.703
.
penalty: RCW 46.61.522
.
Vehicular homicide
drug and alcohol evaluation and treatment: RCW 9.94A.703
.
penalty: RCW 46.61.520
.
RCW 46.20.292
Finding of juvenile court officer.
The department may suspend, revoke, restrict, or condition any driver's license upon a showing of its records that the licensee has been found by a juvenile court, chief probation officer, or any other duly authorized officer of a juvenile court to have committed any offense or offenses which under Title
46
RCW constitutes grounds for said action.
[
1979 c 61 s 8
;
1967 c 167 s 9
.]
RCW 46.20.293
Minor's record to juvenile court, parents, or guardians.
The department is authorized to provide juvenile courts with the department's record of traffic charges compiled under RCW 46.52.101
and
13.50.200, against any minor upon the request of any state juvenile court or duly authorized officer of any juvenile court of this state. Further, the department is authorized to provide any juvenile court with any requested service which the department can reasonably perform which is not inconsistent with its legal authority which substantially aids juvenile courts in handling traffic cases and which promotes highway safety.
The department is authorized to furnish to the parent, parents, or guardian of any person under eighteen years of age who is not emancipated from such parent, parents, or guardian, the department records of traffic charges compiled against the person and shall collect for the copy a fee of thirteen dollars, fifty percent of which must be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038
.
[
2012 c 74 s 4
;
2007 c 424 s 1
;
2002 c 352 s 15
;
1999 c 86 s 3
;
1990 c 250 s 44
;
1979 c 61 s 9
;
1977 ex.s. c 3 s 2
;
1971 ex.s. c 292 s 45
;
1969 ex.s. c 170 s 14
;
1967 c 167 s 10
.]
NOTES:
Effective date
—
2012 c 74 ss 1-12:
See note following RCW 46.17.100
.
Effective date
—
2007 c 424:
"This act takes effect August 1, 2007." [
2007 c 424 s 5
.]
Effective dates
—
2002 c 352:
See note following RCW 46.09.410
.
Severability
—
1971 ex.s. c 292:
See note following RCW 26.28.010
.
RCW 46.20.300
Extraterritorial convictions.
The director of licensing shall suspend, revoke, or cancel the vehicle driver's license of any resident of this state upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this state, would be ground for the suspension or revocation of the vehicle driver's license. The director may further, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, forward a certified copy of such record to the motor vehicle administrator in the state of which the person so convicted is a resident; such record to consist of a copy of the judgment and sentence in the case.
[
1989 c 337 s 7
;
1979 c 158 s 150
;
1967 c 32 s 29
;
1961 c 12 s 46.20.300
. Prior:
1957 c 273 s 8
; prior: 1937 c 188 s 66, part; RRS s 6312-66, part; 1923 c 122 s 1, part; 1921 c 108 s 9, part; RRS s 6371, part.]
RCW 46.20.305
Incompetent, unqualified driver
—
Reexamination
—
Physician's certificate
—
Action by department.
(1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed may upon notice require him or her to submit to an examination.
(2) The department shall require a driver reported under RCW 46.52.070
(2) and (3) to submit to an examination. The examination must be completed no later than one hundred twenty days after the accident report required under RCW 46.52.070
(2) is received by the department unless the department, at the request of the operator, extends the time for examination.
(3) The department may in addition to an examination under this section require such person to obtain a certificate showing his or her condition signed by a licensed physician or other proper authority designated by the department.
(4) Upon the conclusion of an examination under this section the department shall take driver improvement action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permitted under RCW 46.20.041
. The department may suspend or revoke the license of such person who refuses or neglects to submit to such examination.
(5) The department may require payment of a fee by a person subject to examination under this section. The department shall set the fee in an amount that is sufficient to cover the additional cost of administering examinations required by this section.
[
1999 c 351 s 3
;
1998 c 165 s 13
;
1965 ex.s. c 121 s 26
.]
NOTES:
Effective date
—
1998 c 165 ss 8-14:
See note following RCW 46.52.070
.
Short title
—
1998 c 165:
See note following RCW 43.59.010
.
RCW 46.20.308
Implied consent
—
Test refusal
—
Procedures.
(1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath for the purpose of determining the alcohol concentration in his or her breath if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503
.
(2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503
in his or her system and being under the age of twenty-one. Prior to administering a breath test pursuant to this section, the officer shall inform the person of his or her right under this section to refuse the breath test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506
. The officer shall warn the driver, in substantially the following language, that:
(a) If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and
(b) If the driver refuses to take the test, the driver's refusal to take the test may be used in a criminal trial; and
(c) If the driver submits to the test and the test is administered, the driver's license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety days if:
(i) The driver is age twenty-one or over and the test indicates either that the alcohol concentration of the driver's breath is 0.08 or more; or
(ii) The driver is under age twenty-one and the test indicates either that the alcohol concentration of the driver's breath is 0.02 or more; or
(iii) The driver is under age twenty-one and the driver is in violation of RCW 46.61.502
or
46.61.504
; and
(d) If the driver's license, permit, or privilege to drive is suspended, revoked, or denied the driver may be eligible to immediately apply for an ignition interlock driver's license.
(3) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested exercises the right, granted herein, by refusing upon the request of a law enforcement officer to submit to a test or tests of his or her breath, no test shall be given except as otherwise authorized by law.
(4) Nothing in subsection (1), (2), or (3) of this section precludes a law enforcement officer from obtaining a person's blood to test for alcohol, cannabis, or any drug, pursuant to a search warrant, a valid waiver of the warrant requirement, when exigent circumstances exist, or under any other authority of law. Any blood drawn for the purpose of determining the person's alcohol, cannabis levels, or any drug, is drawn pursuant to this section when the officer has reasonable grounds to believe that the person is in physical control or driving a vehicle under the influence or in violation of RCW 46.61.503
.
(5) If, after arrest and after any other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.08 or more, or the THC concentration of the person's blood is 5.00 or more, if the person is age twenty-one or over, or that the alcohol concentration of the person's breath or blood is 0.02 or more, or the THC concentration of the person's blood is above 0.00, if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall:
(a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive as required by subsection (6) of this section;
(b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (7) of this section;
(c) Serve notice in writing that the license or permit, if any, is a temporary license that is valid for thirty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (7) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit that it replaces; and
(d) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by chapter
5.50
RCW that states:
(i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol or THC concentration in violation of RCW 46.61.503
;
(ii) That after receipt of any applicable warnings required by subsection (2) of this section the person refused to submit to a test of his or her breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was 0.08 or more, or the THC concentration of the person's blood was 5.00 or more, if the person is age twenty-one or over, or that the alcohol concentration of the person's breath or blood was 0.02 or more, or the THC concentration of the person's blood was above 0.00, if the person is under the age of twenty-one; and
(iii) Any other information that the director may require by rule.
(6) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by chapter
5.50
RCW under subsection (5)(d) of this section, shall suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning thirty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (7) of this section, whichever occurs first.
(7) A person receiving notification under subsection (5)(b) of this section may, within seven days after the notice has been given, request in writing a formal hearing before the department. The person shall pay a fee of three hundred seventy-five dollars as part of the request. If the request is mailed, it must be postmarked within seven days after receipt of the notification. Upon timely receipt of such a request for a formal hearing, including receipt of the required three hundred seventy-five dollar fee, the department shall afford the person an opportunity for a hearing. The department may waive the required three hundred seventy-five dollar fee if the person is an indigent as defined in RCW 10.101.010
. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329
and
46.20.332
. The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within thirty days, excluding Saturdays, Sundays, and legal holidays, following the date of timely receipt of such request for a formal hearing before the department or thirty days, excluding Saturdays, Sundays, and legal holidays following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license under subsection (5) of this section extended, if the person is otherwise eligible for licensing. Unless otherwise agreed to by the department and the person, the department must give five days notice of the hearing to the person. For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more, or THC in his or her system in a concentration above 0.00, if the person was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered pursuant to a search warrant, a valid waiver of the warrant requirement, when exigent circumstances exist, or under any other authority of law as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.08 or more, or the THC concentration of the person's blood was 5.00 or more, if the person was age twenty-one or over at the time of the arrest, or that the alcohol concentration of the person's breath or blood was 0.02 or more, or the THC concentration of the person's blood was above 0.00, if the person was under the age of twenty-one at the time of the arrest. Where a person is found to be in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was under the age of twenty-one at the time of the arrest and was in physical control of a motor vehicle while having alcohol in his or her system in a concentration of 0.02 or THC concentration above 0.00, the person may petition the hearing officer to apply the affirmative defense found in RCW 46.61.504
(3) and
46.61.503
(2). The driver has the burden to prove the affirmative defense by a preponderance of the evidence. The sworn report or report under a declaration authorized by chapter
5.50
RCW submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more, or THC in his or her system in a concentration above 0.00, and was under the age of twenty-one and that the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010
for a witness in district court. The sworn report or report under a declaration authorized by chapter
5.50
RCW of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, or denial either be rescinded or sustained.
(8) If the suspension, revocation, or denial is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction. Notice of appeal must be filed within thirty days after the date the final order is served or the right to appeal is waived. Notwithstanding RCW 46.20.334, RALJ 1.1, or other statutes or rules referencing de novo review, the appeal shall be limited to a review of the record of the administrative hearing. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. The filing of the appeal does not stay the effective date of the suspension, revocation, or denial. A petition filed under this subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, or denial as expeditiously as possible. The review must be limited to a determination of whether the department has committed any errors of law. The superior court shall accept those factual determinations supported by substantial evidence in the record: (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department. The superior court may reverse, affirm, or modify the decision of the department or remand the case back to the department for further proceedings. The decision of the superior court must be in writing and filed in the clerk's office with the other papers in the case. The court shall state the reasons for the decision. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, or denial it may impose conditions on such stay.
(9)(a) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, or denied under subsection (6) of this section, other than as a result of a breath test refusal, and who has not committed an offense for which he or she was granted a deferred prosecution under chapter
10.05
RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (6) of this section, or notifies the department of licensing of the intent to seek such a deferred prosecution, then the license suspension or revocation shall be stayed pending entry of the deferred prosecution. The stay shall not be longer than one hundred fifty days after the date charges are filed, or two years after the date of the arrest, whichever time period is shorter. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license under subsection (5) of this section, for the period of the stay. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary license or extension of a temporary license issued under this subsection.
(b) A suspension, revocation, or denial imposed under this section, other than as a result of a breath test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter
10.05
RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.
(c) The provisions of (b) of this subsection relating to a stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to the suspension, revocation, denial, or disqualification of a person's commercial driver's license or privilege to operate a commercial motor vehicle.
(10) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.
[
2022 c 16 s 38
;
2019 c 232 s 21
;
2016 c 203 s 15
;
2015 2nd sp.s. c 3 s 5
;
2013 2nd sp.s. c 35 s 36
. Prior:
2013 c 3 s 31
(Initiative Measure No. 502, approved November 6, 2012);
2012 c 183 s 7
;
2012 c 80 s 12
;
2008 c 282 s 2
; prior:
2005 c 314 s 307
;
2005 c 269 s 1
; prior:
2004 c 187 s 1
;
2004 c 95 s 2
;
2004 c 68 s 2
; prior:
1999 c 331 s 2
;
1999 c 274 s 2
; prior:
1998 c 213 s 1
;
1998 c 209 s 1
;
1998 c 207 s 7
;
1998 c 41 s 4
;
1995 c 332 s 1
;
1994 c 275 s 13
;
1989 c 337 s 8
;
1987 c 22 s 1
; prior:
1986 c 153 s 5
;
1986 c 64 s 1
;
1985 c 407 s 3
;
1983 c 165 s 2
;
1983 c 165 s 1
;
1981 c 260 s 11
; prior:
1979 ex.s. c 176 s 3
;
1979 ex.s. c 136 s 59
;
1979 c 158 s 151
;
1975 1st ex.s. c 287 s 4
;
1969 c 1 s 1
(Initiative Measure No. 242, approved November 5, 1968).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Effective date
—
2016 c 203 s 15:
"Section 15 of this act takes effect January 1, 2019." [
2016 c 203 s 21
.]
Finding
—
Intent
—
2015 2nd sp.s. c 3:
See note following RCW 10.21.055
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
Effective date
—
2012 c 183:
See note following RCW 9.94A.475
.
Effective date
—
2012 c 80 ss 5-13:
See note following RCW 46.20.055
.
Effective date
—
2008 c 282:
"Sections 2, 4 through 8, and 11 through 14 of this act take effect January 1, 2009." [
2008 c 282 s 23
.]
Effective date
—
2005 c 314 ss 101-107, 109, 303-309, and 401:
See note following RCW 46.68.290
.
Part headings not law
—
2005 c 314:
See note following RCW 46.68.035
.
Effective date
—
2004 c 187 ss 1, 5, 7, 8, and 10:
"Sections 1, 5, 7, 8, and 10 of this act take effect July 1, 2005." [
2004 c 187 s 11
.]
Contingent effect
—
2004 c 95 s 2:
"Section 2 of this act takes effect if section 2 of Substitute House Bill No. 3055 is enacted into law." [
2004 c 95 s 17
.]  2004 c 68 s 2 was enacted into law, effective June 10, 2004.
Finding
—
Intent
—
2004 c 68:
"The legislature finds that previous attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death caused by drinking drivers continue at unacceptable levels. This act is intended to convey the seriousness with which the legislature views this problem. To that end the legislature seeks to ensure swift and certain consequences for those who drink and drive.
To accomplish this goal, the legislature adopts standards governing the admissibility of tests of a person's blood or breath. These standards will provide a degree of uniformity that is currently lacking, and will reduce the delays caused by challenges to various breath test instrument components and maintenance procedures. Such challenges, while allowed, will no longer go to admissibility of test results. Instead, such challenges are to be considered by the finder of fact in deciding what weight to place upon an admitted blood or breath test result.
The legislature's authority to adopt standards governing the admissibility of evidence involving alcohol is well established by the Washington Supreme Court. See generally
State v. Long
, 113 Wn.2d 266, 778 P.2d 1027 (1989);
State v. Sears
, 4 Wn.2d 200, 215, 103 P.2d 337 (1940) (the legislature has the power to enact laws which create rules of evidence);
State v. Pavelich
, 153 Wash. 379, 279 P. 1102 (1929) ("rules of evidence are substantive law")." [
2004 c 68 s 1
.]
Effective date
—
1999 c 331:
See note following RCW 9.94A.525
.
Effective date
—
1998 c 213:
"This act takes effect January 1, 1999." [
1998 c 213 s 9
.]
Effective date
—
1998 c 209:
"This act takes effect January 1, 1999." [
1998 c 209 s 6
.]
Effective date
—
1998 c 207:
See note following RCW 46.61.5055
.
Intent
—
Construction
—
Effective date
—
1998 c 41:
See notes following RCW 46.20.265
.
Severability
—
1995 c 332:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1995 c 332 s 23
.]
Effective dates
—
1995 c 332:
"This act shall take effect September 1, 1995, except for sections 13 and 22 of this act which are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1995]." [
1995 c 332 s 24
.]
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
Effective dates
—
1985 c 407:
See note following RCW 46.04.480
.
Legislative finding, intent
—
1983 c 165:
"The legislature finds that previous attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death caused by drinking drivers have reached unacceptable levels. This act is intended to convey the seriousness with which the legislature views this problem. To that end the legislature seeks to insure swift and certain punishment for those who drink and drive. The legislature does not intend to discourage or deter courts and other agencies from directing or providing treatment for problem drinkers. However, it is the intent that such treatment, where appropriate, be in addition to and not in lieu of the sanctions to be applied to all those convicted of driving while intoxicated." [
1983 c 165 s 44
.]
Effective dates
—
1983 c 165:
"Sections 2, 3 through 12, 14, 16, 18, 22, 24, and 26 of chapter 165, Laws of 1983 shall take effect on January 1, 1986. The remainder of chapter 165, Laws of 1983 is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1983. The director of licensing may immediately take such steps as are necessary to insure that all sections of chapter 165, Laws of 1983 are implemented on their respective effective dates." [
1984 c 219 s 1
;
1983 c 165 s 47
.]
Severability
—
1983 c 165:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1983 c 165 s 48
.]
Severability
—
1979 ex.s. c 176:
See note following RCW 46.61.502
.
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
Liability of medical personnel withdrawing blood: RCW 46.61.508
.
Refusal of test
—
Admissibility as evidence: RCW 46.61.517
.
RCW 46.20.3101
Implied consent
—
License sanctions, length of.
Pursuant to RCW 46.20.308, the department shall suspend, revoke, or deny the arrested person's license, permit, or privilege to drive as follows:
(1) In the case of a person who has refused a test or tests:
(a) For a first refusal within seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, revocation or denial for one year;
(b) For a second or subsequent refusal within seven years, or for a first refusal where there has been one or more previous incidents within seven years that have resulted in administrative action under this section, revocation or denial for two years or until the person reaches age twenty-one, whichever is longer.
(2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.08 or more, or that the THC concentration of the person's blood was 5.00 or more:
(a) For a first incident within seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, suspension for ninety days, unless the person successfully completes or is enrolled in a pretrial 24/7 sobriety program;
(b) For a second or subsequent incident within seven years, revocation or denial for two years.
(3) In the case of an incident where a person under age twenty-one has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.02 or more, or that the THC concentration of the person's blood was above 0.00:
(a) For a first incident within seven years, suspension or denial for ninety days;
(b) For a second or subsequent incident within seven years, revocation or denial for one year or until the person reaches age twenty-one, whichever is longer.
(4) The department shall grant credit on a day-for-day basis for a suspension, revocation, or denial imposed under this section for any portion of a suspension, revocation, or denial already served under RCW 46.61.5055
arising out of the same incident. If a person has already served a suspension, revocation, or denial under RCW 46.61.5055
for a period equal to or greater than the period imposed under this section, the department shall provide notice of full credit, shall provide for no further suspension or revocation under this section, and shall impose no additional reissue fees for this credit.
[
2020 c 330 s 6
;
2016 c 203 s 18
;
2013 c 3 s 32
(Initiative Measure No. 502, approved November 6, 2012). Prior:
2004 c 95 s 4
;
2004 c 68 s 3
; prior:
1998 c 213 s 2
;
1998 c 209 s 2
;
1998 c 207 s 8
;
1995 c 332 s 3
.]
NOTES:
Effective date
—
2020 c 330:
See note following RCW 9.94A.729
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
Finding
—
Intent
—
2004 c 68:
See note following RCW 46.20.308
.
Effective date
—
1998 c 213:
See note following RCW 46.20.308
.
Effective date
—
1998 c 209:
See note following RCW 46.20.308
.
Effective date
—
1998 c 207:
See note following RCW 46.61.5055
.
Severability
—
Effective dates
—
1995 c 332:
See notes following RCW 46.20.308
.
RCW 46.20.311
Duration of license sanctions
—
Reissuance or renewal.
(Effective until April 1, 2026.)
(1)(a) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.267, 46.20.342, or other provision of law.
(b) Except for a suspension under RCW 46.20.267, 46.20.289, 46.20.291
(5), 46.61.740, or
74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter
46.29
RCW, or pursuant to RCW 46.20.291
or
46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter
46.29
RCW.
(c) If the suspension is the result of a nonfelony violation of RCW 46.61.502
or
46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency or probation department designated under RCW 46.61.5056
and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502
(6) or
46.61.504
(6), the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency required under RCW 46.61.524
and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502
or
46.61.504, and the person is required pursuant to RCW 46.20.720
to drive only a motor vehicle equipped with a functioning ignition interlock, the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person seeking reinstatement. The department may waive the requirement for written verification under this subsection if it determines to its satisfaction that a device previously verified as having been installed on a vehicle owned or operated by the person is still installed and functioning or as permitted by RCW 46.20.720
(8). If, based upon notification from the interlock provider or otherwise, the department determines that an interlock required under RCW 46.20.720
is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.
(d) Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter
74.20A
RCW, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order.
(e)(i) Except as provided in RCW 46.20.2892
(3), the department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of seventy-five dollars.
(ii) Except as provided in subsection (4) of this section, if the suspension is the result of a violation of RCW 46.61.502
or
46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be one hundred seventy dollars.
(2)(a) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101
or
46.61.5055
; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265
.
(b)(i) After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of seventy-five dollars.
(ii) Except as provided in subsection (4) of this section, if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or
46.61.504, the reissue fee shall be one hundred seventy dollars. If the revocation is the result of a nonfelony violation of RCW 46.61.502
or
46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency or probation department designated under RCW 46.61.5056
and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502
(6) or
46.61.504
(6), the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency required under RCW 46.61.524
and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified. If the revocation is the result of a violation of RCW 46.61.502
or
46.61.504, and the person is required pursuant to RCW 46.20.720
to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device, the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person applying for a new license. The department may waive the requirement for written verification under this subsection if it determines to its satisfaction that a device previously verified as having been installed on a vehicle owned or operated by the person is still installed and functioning or as permitted by RCW 46.20.720
(8). If, following issuance of a new license, the department determines, based upon notification from the interlock provider or otherwise, that an interlock required under RCW 46.20.720
is no longer functioning, the department shall suspend the person's license or privilege to drive until the department has received written verification from an interlock provider that a functioning interlock is installed.
(c) Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter
46.29
RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.
(3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020
or
46.20.289
or
46.20.291
(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of seventy-five dollars.
(b) Except as provided in subsection (4) of this section, if the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (ii) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be one hundred seventy dollars.
(4) When the department reinstates a person's driver's license following a suspension, revocation, or denial under RCW 46.20.3101
or
46.61.5055, and the person is entitled to full day-for-day credit under RCW 46.20.3101
(4) or
46.61.5055
(9)(b)(ii) for an additional restriction arising from the same incident, the department shall impose no additional reissue fees under subsection (1)(e)(ii), (2)(b)(ii), or (3)(b) of this section associated with the additional restriction.
[
2021 c 240 s 8
;
2020 c 330 s 7
;
2016 c 203 s 12
;
2006 c 73 s 15
;
2005 c 314 s 308
;
2004 c 95 s 3
;
2003 c 366 s 2
;
2001 c 325 s 2
;
2000 c 115 s 7
;
1998 c 212 s 1
;
1997 c 58 s 807
;
1995 c 332 s 11
;
1994 c 275 s 27
;
1993 c 501 s 5
;
1990 c 250 s 45
;
1988 c 148 s 9
. Prior:
1985 c 407 s 4
;
1985 c 211 s 1
;
1984 c 258 s 325
;
1983 c 165 s 18
;
1983 c 165 s 17
;
1982 c 212 s 5
;
1981 c 91 s 1
;
1979 ex.s. c 136 s 60
;
1973 1st ex.s. c 36 s 1
;
1969 c 1 s 2
(Initiative Measure No. 242, approved November 5, 1968);
1967 c 167 s 5
;
1965 ex.s. c 121 s 27
.]
NOTES:
Effective date
—
2021 c 240:
See note following RCW 46.63.060
.
Effective date
—
2020 c 330:
See note following RCW 9.94A.729
.
Effective date
—
2006 c 73:
See note following RCW 46.61.502
.
Effective date
—
2005 c 314 ss 101-107, 109, 303-309, and 401:
See note following RCW 46.68.290
.
Part headings not law
—
2005 c 314:
See note following RCW 46.68.035
.
Finding
—
2000 c 115:
See note following RCW 46.20.075
.
Effective date
—
2000 c 115 ss 1-10:
See note following RCW 46.20.075
.
Short title
—
Part headings, captions, table of contents not law
—
Exemptions and waivers from federal law
—
Conflict with federal requirements
—
Severability
—
1997 c 58:
See RCW 74.08A.900
through
74.08A.904
.
Effective dates
—
Intent
—
1997 c 58:
See notes following RCW 74.20A.320
.
Severability
—
Effective dates
—
1995 c 332:
See notes following RCW 46.20.308
.
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
Legislative finding
—
Severability
—
1988 c 148:
See notes following RCW 13.40.265
.
Effective dates
—
1985 c 407:
See note following RCW 46.04.480
.
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Intent
—
1984 c 258:
See note following RCW 3.34.130
.
Legislative finding, intent
—
Effective dates
—
Severability
—
1983 c 165:
See notes following RCW 46.20.308
.
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
PDF
RCW 46.20.311
Duration of license sanctions
—
Reissuance or renewal.
(Effective April 1, 2026.)
(1)(a) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.267, 46.20.342, or other provision of law.
(b) Except for a suspension under RCW 46.20.267, 46.20.289, 46.20.291
(5), 46.61.740, or
74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter
46.29
RCW, or pursuant to RCW 46.20.291
or
46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter
46.29
RCW.
(c) If the suspension is the result of a nonfelony violation of RCW 46.61.502
or
46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency or probation department designated under RCW 46.61.5056
and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502
(6) or
46.61.504
(6), the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency required under RCW 46.61.524
and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502
or
46.61.504, and the person is required pursuant to RCW 46.20.720
to drive only a motor vehicle equipped with a functioning ignition interlock, the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person seeking reinstatement. The department may waive the requirement for written verification under this subsection if it determines to its satisfaction that a device previously verified as having been installed on a vehicle owned or operated by the person is still installed and functioning or as permitted by RCW 46.20.720
(8). If, based upon notification from the interlock provider or otherwise, the department determines that an interlock required under RCW 46.20.720
is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.
(d) Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter
74.20A
RCW, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order.
(e)(i) Except as provided in RCW 46.20.2892
(5), the department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of $75.
(ii) Except as provided in subsection (4) of this section, if the suspension is the result of a violation of RCW 46.61.502
or
46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be $170.
(2)(a) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101
or
46.61.5055
; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265
.
(b)(i) After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of $75.
(ii) Except as provided in subsection (4) of this section, if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or
46.61.504, the reissue fee shall be $170. If the revocation is the result of a nonfelony violation of RCW 46.61.502
or
46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency or probation department designated under RCW 46.61.5056
and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502
(6) or
46.61.504
(6), the department shall determine the person's eligibility for licensing based upon the reports provided by the substance use disorder agency required under RCW 46.61.524
and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified. If the revocation is the result of a violation of RCW 46.61.502
or
46.61.504, and the person is required pursuant to RCW 46.20.720
to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device, the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person applying for a new license. The department may waive the requirement for written verification under this subsection if it determines to its satisfaction that a device previously verified as having been installed on a vehicle owned or operated by the person is still installed and functioning or as permitted by RCW 46.20.720
(8). If, following issuance of a new license, the department determines, based upon notification from the interlock provider or otherwise, that an interlock required under RCW 46.20.720
is no longer functioning, the department shall suspend the person's license or privilege to drive until the department has received written verification from an interlock provider that a functioning interlock is installed.
(c) Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter
46.29
RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.
(3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020
or
46.20.289
or
46.20.291
(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of $75.
(b) Except as provided in subsection (4) of this section, if the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (ii) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be $170.
(4) When the department reinstates a person's driver's license following a suspension, revocation, or denial under RCW 46.20.3101
or
46.61.5055, and the person is entitled to full day-for-day credit under RCW 46.20.3101
(4) or
46.61.5055
(9)(b)(ii) for an additional restriction arising from the same incident, the department shall impose no additional reissue fees under subsection (1)(e)(ii), (2)(b)(ii), or (3)(b) of this section associated with the additional restriction.
[
2025 c 175 s 2
;
2021 c 240 s 8
;
2020 c 330 s 7
;
2016 c 203 s 12
;
2006 c 73 s 15
;
2005 c 314 s 308
;
2004 c 95 s 3
;
2003 c 366 s 2
;
2001 c 325 s 2
;
2000 c 115 s 7
;
1998 c 212 s 1
;
1997 c 58 s 807
;
1995 c 332 s 11
;
1994 c 275 s 27
;
1993 c 501 s 5
;
1990 c 250 s 45
;
1988 c 148 s 9
. Prior:
1985 c 407 s 4
;
1985 c 211 s 1
;
1984 c 258 s 325
;
1983 c 165 s 18
;
1983 c 165 s 17
;
1982 c 212 s 5
;
1981 c 91 s 1
;
1979 ex.s. c 136 s 60
;
1973 1st ex.s. c 36 s 1
;
1969 c 1 s 2
(Initiative Measure No. 242, approved November 5, 1968);
1967 c 167 s 5
;
1965 ex.s. c 121 s 27
.]
NOTES:
Effective date
—
2025 c 175:
See note following RCW 46.20.2892
.
Effective date
—
2021 c 240:
See note following RCW 46.63.060
.
Effective date
—
2020 c 330:
See note following RCW 9.94A.729
.
Effective date
—
2006 c 73:
See note following RCW 46.61.502
.
Effective date
—
2005 c 314 ss 101-107, 109, 303-309, and 401:
See note following RCW 46.68.290
.
Part headings not law
—
2005 c 314:
See note following RCW 46.68.035
.
Finding
—
2000 c 115:
See note following RCW 46.20.075
.
Effective date
—
2000 c 115 ss 1-10:
See note following RCW 46.20.075
.
Short title
—
Part headings, captions, table of contents not law
—
Exemptions and waivers from federal law
—
Conflict with federal requirements
—
Severability
—
1997 c 58:
See RCW 74.08A.900
through
74.08A.904
.
Effective dates
—
Intent
—
1997 c 58:
See notes following RCW 74.20A.320
.
Severability
—
Effective dates
—
1995 c 332:
See notes following RCW 46.20.308
.
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
Legislative finding
—
Severability
—
1988 c 148:
See notes following RCW 13.40.265
.
Effective dates
—
1985 c 407:
See note following RCW 46.04.480
.
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Intent
—
1984 c 258:
See note following RCW 3.34.130
.
Legislative finding, intent
—
Effective dates
—
Severability
—
1983 c 165:
See notes following RCW 46.20.308
.
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
RCW 46.20.313
Reinstatement.
(1) The department is authorized to administratively reinstate the license of a person suspended pursuant to RCW 46.20.289
(1) prior to January 1, 2023, because the person:
(a) Failed to respond to a notice of traffic infraction for a moving violation;
(b) Failed to appear at a requested hearing for a moving violation;
(c) Violated a written promise to appear in court for a notice of infraction for a moving violation; or
(d) Failed to comply with the terms of a notice of traffic infraction.
(2) No later than 90 days after January 1, 2023, the department shall:
(a) Take reasonable steps to publicize the availability of relief to reinstate a suspended license as provided in this section; and
(b) Create an online application process for persons whose licenses are suspended and may be eligible for reinstatement as provided in this section. The online application process shall allow a person to determine whether the person is eligible to have his or her license reinstated and explain the process for reinstatement. A reissue fee as provided in RCW 46.20.311
shall apply.
(3) A reissue fee as provided in RCW 46.20.311
shall apply to any license reinstated under this section.
[
2021 c 240 s 11
.]
NOTES:
Effective date
—
2021 c 240:
See note following RCW 46.63.060
.
RCW 46.20.315
Surrender of license.
The department upon suspending or revoking a license shall require that such license shall be surrendered to and be retained by the department.
[
1985 c 302 s 1
;
1965 ex.s. c 121 s 28
.]
RCW 46.20.317
Unlicensed drivers.
The department is hereby authorized to place any unlicensed person into a suspended or revoked status under any circumstances which would have resulted in the suspension or revocation of the driver's license had that person been licensed.
[1975-'76 2nd ex.s. c 29 s 2. Formerly RCW 46.20.414
.]
RCW 46.20.320
Suspension, etc., effective although certificate not delivered.
Any suspension, revocation, or cancellation of a vehicle driver's license shall be in effect notwithstanding the certificate itself is not delivered over or possession thereof obtained by a court, officer, or the director.
[
1967 c 32 s 30
;
1961 c 12 s 46.20.320
. Prior:
1957 c 273 s 10
; prior: 1937 c 188 s 66, part; RRS s 6312-66, part; 1923 c 122 s 1, part; 1921 c 108 s 9, part; RRS s 6371, part.]
RCW 46.20.322
Interview before suspension, etc.
—
Exceptions
—
Appearance of minor's parent or guardian.
(1) Whenever the department proposes to suspend or revoke the driving privilege of any person or proposes to impose terms of probation on a person's driving privilege or proposes to refuse to renew a driver's license, notice and an opportunity for a driver improvement interview shall be given before taking such action, except as provided in RCW 46.20.324
and
46.20.325
.
(2) Whenever the department proposes to suspend, revoke, restrict, or condition a minor driver's driving privilege the department may require the appearance of the minor's legal guardian or father or mother, otherwise the  parent or guardian having custody of the minor.
[
1979 c 61 s 10
;
1973 1st ex.s. c 154 s 88
;
1967 c 167 s 6
;
1965 ex.s. c 121 s 29
.]
NOTES:
Severability
—
1973 1st ex.s. c 154:
See note following RCW 2.12.030
.
RCW 46.20.323
Notice of interview
—
Contents.
The notice shall contain a statement setting forth the proposed action and the grounds therefor, and notify the person to appear for a driver improvement interview not less than ten days from the date notice is given.
[
1965 ex.s. c 121 s 30
.]
RCW 46.20.324
Persons not entitled to interview or hearing.
Unless otherwise provided by law, a person shall not be entitled to a driver improvement interview or formal hearing under the provisions of RCW 46.20.322
through
46.20.333
when the person:
(1) Has been granted the opportunity for an administrative review, informal settlement, or formal hearing under RCW 46.20.245, 46.20.308, 46.25.120, 46.65.065, 74.20A.320, or by rule of the department; or
(2) Has refused or neglected to submit to an examination as required by RCW 46.20.305
.
[
2023 c 35 s 9
;
2005 c 288 s 6
;
1965 ex.s. c 121 s 31
.]
NOTES:
Effective date
—
2023 c 35:
See note following RCW 46.25.010
.
Effective date
—
2005 c 288:
See note following RCW 46.20.245
.
RCW 46.20.325
Suspension or probation before interview
—
Alternative procedure.
In the alternative to the procedure set forth in RCW 46.20.322
and
46.20.323
the department, whenever it determines from its records or other sufficient evidence that the safety of persons upon the highways requires such action, shall forthwith and without a driver improvement interview suspend the privilege of a person to operate a motor vehicle or impose reasonable terms and conditions of probation consistent with the safe operation of a motor vehicle. The department shall in such case, immediately notify such licensee in writing and upon his or her request shall afford him or her an opportunity for a driver improvement interview as early as practical within not to exceed seven days after receipt of such request, or the department, at the time it gives notice may set the date of a driver improvement interview, giving not less than ten days' notice thereof.
[
2010 c 8 s 9021
;
1965 ex.s. c 121 s 32
.]
RCW 46.20.326
Failure to appear or request interview constitutes waiver
—
Procedure.
Failure to appear for a driver improvement interview at the time and place stated by the department in its notice as provided in RCW 46.20.322
and
46.20.323
or failure to request a driver improvement interview within ten days as provided in RCW 46.20.325
constitutes a waiver of a driver improvement interview, and the department may take action without such driver improvement interview, or the department may, upon request of the person whose privilege to drive may be affected, or at its own option, re-open the case, take evidence, change or set aside any order theretofore made, or grant a driver improvement interview.
[
1990 c 250 s 46
;
1965 ex.s. c 121 s 33
.]
RCW 46.20.327
Conduct of interview
—
Referee
—
Evidence
—
Not deemed hearing.
A driver improvement interview shall be conducted in a completely informal manner before a driver improvement analyst sitting as a referee. The applicant or licensee shall have the right to make or file a written answer or statement in which he or she may controvert any point at issue, and present any evidence or arguments for the consideration of the department pertinent to the action taken or proposed to be taken or the grounds therefor. The department may consider its records relating to the applicant or licensee. The driver improvement interview shall not be deemed an agency hearing.
[
2010 c 8 s 9022
;
1965 ex.s. c 121 s 34
.]
RCW 46.20.328
Findings and notification after interview
—
Request for formal hearing.
(Effective until October 1, 2025.)
Upon the conclusion of a driver improvement interview, the department's referee shall make findings on the matter under consideration and shall notify the person involved in writing by personal service of the findings. The referee's findings shall be final unless the person involved is notified to the contrary by personal service or by certified mail within fifteen days. The decision is effective upon notice. The person upon receiving such notice may, in writing and within ten days, request a formal hearing.
[
1979 c 61 s 11
;
1965 ex.s. c 121 s 35
.]
NOTES:
Persons not entitled to formal hearing: RCW 46.20.324
.
PDF
RCW 46.20.328
Findings and notification after interview
—
Request for formal hearing.
(Effective October 1, 2025.)
Upon the conclusion of a driver improvement interview, the department's referee shall make findings on the matter under consideration and shall notify the person involved in writing. Such findings may be served on a party via electronic distribution, with a party's agreement. The referee's findings shall be final unless the person involved is notified to the contrary within 15 days. The decision is effective upon notice. The person upon receiving such notice may, in writing and within ten days, request a formal hearing.
[
2025 c 23 s 8
;
1979 c 61 s 11
;
1965 ex.s. c 121 s 35
.]
NOTES:
Effective date
—
2025 c 23 ss 1-4 and 6-14:
See note following RCW 46.04.480
.
Persons not entitled to formal hearing: RCW 46.20.324
.
RCW 46.20.329
Formal hearing
—
Procedures, notice, stay.
(Effective until October 1, 2025.)
Upon receiving a request for a formal hearing as provided in RCW 46.20.328, the department shall fix a time and place for hearing as early as may be arranged in the county where the applicant or licensee resides, and shall give ten days' notice of the hearing to the applicant or licensee, except that the hearing may be set for a different place with the concurrence of the applicant or licensee and the period of notice may be waived.
Any decision by the department suspending or revoking a person's driving privilege shall be stayed and shall not take effect while a formal hearing is pending as herein provided or during the pendency of a subsequent appeal to superior court: PROVIDED, That this stay shall be effective only so long as there is no conviction of a moving violation or a finding that the person has committed a traffic infraction which is a moving violation during pendency of hearing and appeal: PROVIDED FURTHER, That nothing in this section shall be construed as prohibiting the department from seeking an order setting aside the stay during the pendency of such appeal in those cases where the action of the department is based upon physical or mental incapacity, or a failure to successfully complete an examination required by this chapter.
A formal hearing shall be conducted by the director or by a person or persons appointed by the director from among the employees of the department.
[
1982 c 189 s 4
;
1981 c 67 s 28
;
1979 ex.s. c 136 s 61
;
1972 ex.s. c 29 s 1
;
1965 ex.s. c 121 s 36
.]
NOTES:
Effective date
—
1982 c 189:
See note following RCW 34.12.020
.
Effective dates
—
Severability
—
1981 c 67:
See notes following RCW 34.12.010
.
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
PDF
RCW 46.20.329
Formal hearing
—
Procedures, notice, stay.
(Effective October 1, 2025.)
Upon receiving a request for a formal hearing as provided in RCW 46.20.328, the department shall fix a time and place for hearing, including a remote hearing or an in-person hearing in the county where the applicant or licensee resides, with the concurrence of the applicant or the licensee, as early as may be arranged, and shall give 10 days' notice of the hearing to the applicant or licensee.
Any decision by the department suspending or revoking a person's driving privilege shall be stayed and shall not take effect while a formal hearing is pending as herein provided or during the pendency of a subsequent appeal to superior court: PROVIDED, That this stay shall be effective only so long as there is no conviction of a moving violation or a finding that the person has committed a traffic infraction that is a moving violation during pendency of hearing and appeal: PROVIDED FURTHER, That nothing in this section shall be construed as prohibiting the department from seeking an order setting aside the stay during the pendency of such appeal in those cases where the action of the department is based upon physical or mental incapacity, or a failure to successfully complete an examination required by this chapter.
A formal hearing shall be conducted by a person or persons appointed by the director from among the employees of the department.
[
2025 c 23 s 9
;
1982 c 189 s 4
;
1981 c 67 s 28
;
1979 ex.s. c 136 s 61
;
1972 ex.s. c 29 s 1
;
1965 ex.s. c 121 s 36
.]
NOTES:
Effective date
—
2025 c 23 ss 1-4 and 6-14:
See note following RCW 46.04.480
.
Effective date
—
1982 c 189:
See note following RCW 34.12.020
.
Effective dates
—
Severability
—
1981 c 67:
See notes following RCW 34.12.010
.
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
RCW 46.20.331
Hearing and decision by director's designee.
The director may appoint a designee, or designees, to preside over hearings in adjudicative proceedings that may result in the denial, restriction, suspension, or revocation of a driver's license or driving privilege, or in the imposition of requirements to be met prior to issuance or reissuance of a driver's license, under Title
46
RCW. The director may delegate to any such designees the authority to render the final decision of the department in such proceedings. Chapter
34.12
RCW shall not apply to such proceedings.
[
1989 c 175 s 111
;
1982 c 189 s 3
.]
NOTES:
Effective date
—
1989 c 175:
See note following RCW 34.05.010
.
Effective date
—
1982 c 189:
See note following RCW 34.12.020
.
RCW 46.20.332
Formal hearing
—
Evidence
—
Subpoenas
—
Reexamination
—
Findings and recommendations.
At a formal hearing the department shall consider its records and may receive sworn testimony and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers in the manner and subject to the conditions provided in chapter
5.56
RCW relating to the issuance of subpoenas. In addition the department may require a reexamination of the licensee or applicant. Proceedings at a formal hearing shall be recorded stenographically or by mechanical device. Upon the conclusion of a formal hearing, if not heard by the director or a person authorized by him or her to make final decisions regarding the issuance, denial, suspension, or revocation of licenses, the referee or board shall make findings on the matters under consideration and may prepare and submit recommendations to the director or such person designated by the director who is authorized to make final decisions regarding the issuance, denial, suspension, or revocation of licenses.
[
2010 c 8 s 9023
;
1972 ex.s. c 29 s 2
;
1965 ex.s. c 121 s 37
.]
RCW 46.20.333
Decision after formal hearing.
In all cases not heard by the director or a person authorized by him or her to make final decisions regarding the issuance, denial, suspension, or revocation of licenses the director, or a person so authorized shall review the records, evidence, and the findings after a formal hearing, and shall render a decision sustaining, modifying, or reversing the order of suspension or revocation or the refusal to grant, or renew a license or the order imposing terms or conditions of probation, or may set aside the prior action of the department and may direct that probation be granted to the applicant or licensee and in such case may fix the terms and conditions of the probation.
[
2010 c 8 s 9024
;
1972 ex.s. c 29 s 3
;
1965 ex.s. c 121 s 38
.]
RCW 46.20.334
Appeal to superior court.
Unless otherwise provided by law, any person denied a license or a renewal of a license or whose license has been suspended or revoked by the department shall have the right within thirty days, after receiving notice of the decision following a formal hearing to file a notice of appeal in the superior court in the county of his or her residence. The hearing on the appeal hereunder shall be de novo.
[
2010 c 8 s 9025
;
2005 c 288 s 7
;
1972 ex.s. c 29 s 4
;
1965 ex.s. c 121 s 39
.]
NOTES:
Effective date
—
2005 c 288:
See note following RCW 46.20.245
.
RCW 46.20.335
Probation in lieu of suspension or revocation.
Whenever by any provision of this chapter the department has discretionary authority to suspend or revoke the privilege of a person to operate a motor vehicle, the department may in lieu of a suspension or revocation place the person on probation, the terms of which may include a suspension as a condition of probation, and upon such other reasonable terms and conditions as shall be deemed by the department to be appropriate.
[
1965 ex.s. c 121 s 40
.]
RCW 46.20.338
Display or possession of invalidated license or identicard.
It is a traffic infraction for any person to display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver's license or identicard.
[
1990 c 210 s 4
.]
RCW 46.20.341
Relicensing diversion programs
—
Program information to administrative office of the courts.
(1)(a) A person who violates RCW 46.20.342
(1)(c)(iv) in a jurisdiction that does not have a relicensing diversion program shall be provided with an abstract of his or her driving record by the court or the prosecuting attorney, in addition to a list of his or her unpaid traffic offense related fines and the contact information for each jurisdiction or collection agency to which money is owed.
(b) A fee of up to twenty dollars may be imposed by the court in addition to any fee required by the department for provision of the driving abstract.
(2)(a) Superior courts or courts of limited jurisdiction in counties or cities are authorized to participate or provide relicensing diversion programs to persons who violate RCW 46.20.342
(1)(c)(iv).
(b) Eligibility for the relicensing diversion program shall be limited to violators with no more than four convictions under RCW 46.20.342
(1)(c)(iv) in the ten years preceding the date of entering the relicensing diversion program, subject to a less restrictive rule imposed by the presiding judge of the county district court or municipal court. People subject to arrest under a warrant are not eligible for the diversion program.
(c) The diversion option may be offered at the discretion of the prosecuting attorney before charges are filed, or by the court after charges are filed.
(d) A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation of RCW 46.20.342
(1)(c)(iv) may not participate in the diversion program under this section.
(e) A relicensing diversion program that is structured to occur after charges are filed may charge participants a one-time fee of up to one hundred dollars, which is not subject to chapters
3.50, 3.62, and
35.20
RCW, and shall be used to support administration of the program. The fee of up to one hundred dollars shall be included in the total to be paid by the participant in the relicensing diversion program.
(3) A relicensing diversion program shall be designed to assist suspended drivers to regain their license and insurance and pay outstanding fines.
(4)(a) Counties and cities that operate relicensing diversion programs shall, subject to available funds, provide information to the administrative office of the courts on an annual basis regarding the eligibility criteria used for the program, the number of referrals from law enforcement, the number of participants accepted into the program, the number of participants who regain their driver's license and insurance, the total amount of fines collected, the costs associated with the program, and other information as determined by the office.
(b) The administrative office of the courts is directed, subject to available funds, to compile and analyze the data required to be submitted in this section and develop recommendations for a best practices model for relicensing diversion programs.
[
2009 c 490 s 1
.]
RCW 46.20.342
Driving while license invalidated
—
Penalties
—
Extension of invalidation.
(1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.
(a) A person found to be a habitual offender under chapter
46.65
RCW, who violates this section while an order of revocation issued under chapter
46.65
RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than 10 days. Upon the second conviction, the person shall be punished by imprisonment for not less than 90 days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than 180 days. If the person is also convicted of the offense defined in RCW 46.61.502
or
46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than 90 days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080
.
(b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license;
(v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.212
(5), relating to reckless endangerment of emergency zone workers;
(ix) A conviction of RCW 46.61.500, relating to reckless driving;
(x) A conviction of RCW 46.61.502
or
46.61.504, relating to a person under the influence of intoxicating liquor or drugs;
(xi) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xii) A conviction of RCW 46.61.522, relating to vehicular assault;
(xiii) A conviction of RCW 46.61.527
(4), relating to reckless endangerment of roadway workers;
(xiv) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;
(xv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
(xvi) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;
(xvii) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;
(xviii) A conviction of RCW 46.61.5259, relating to negligent driving with a vulnerable user victim in the first degree;
(xix) An administrative action taken by the department under this chapter;
(xx) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection; or
(xxi) A finding that a person has committed a traffic infraction under RCW 46.61.526
and suspension of driving privileges pursuant to RCW 46.61.526
(4)(b) or (7)(a)(ii).
(c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because:
(i) The person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program;
(ii) The person must furnish proof of financial responsibility for the future as provided by chapter
46.29
RCW;
(iii) The person has failed to comply with the provisions of chapter
46.29
RCW relating to uninsured accidents;
(iv) The person has failed to respond to a notice of traffic infraction for a moving violation, failed to appear at a hearing for a moving violation, or failed to comply with the terms of a criminal complaint or criminal citation for a moving violation, as provided in RCW 46.20.289
(1);
(v) The person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license;
(vi) The person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation;
(vii) The person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267
relating to intermediate drivers' licenses; or
(viii) The person has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in RCW 74.20A.320, or any combination of (c)(i) through (viii) of this subsection, is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.
(d) For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license.
(2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:
(a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter
46.65
RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.
[
2023 c 471 s 3
;
2021 c 240 s 9
;
2015 c 149 s 1
;
2011 c 372 s 2
. Prior:
2010 c 269 s 7
;
2010 c 252 s 4
;
2008 c 282 s 4
;
2004 c 95 s 5
;
2001 c 325 s 3
;
2000 c 115 s 8
;
1999 c 274 s 3
;
1993 c 501 s 6
;
1992 c 130 s 1
;
1991 c 293 s 6
; prior:
1990 c 250 s 47
;
1990 c 210 s 5
;
1987 c 388 s 1
;
1985 c 302 s 3
;
1980 c 148 s 3
; prior:
1979 ex.s. c 136 s 62
;
1979 ex.s. c 74 s 1
;
1969 c 27 s 2
; prior:
1967 ex.s. c 145 s 52
;
1967 c 167 s 7
;
1965 ex.s. c 121 s 43
.]
NOTES:
Rules of court:
Bail in criminal traffic offense cases
—
Mandatory appearance
—
CrRLJ 3.2.
Effective date
—
2023 c 471:
See note following RCW 46.61.5259
.
Effective date
—
2021 c 240:
See note following RCW 46.63.060
.
Application
—
Effective date
—
2011 c 372:
See notes following RCW 46.61.526
.
Effective date
—
2010 c 269:
See note following RCW 46.20.385
.
Effective date
—
2010 c 252:
See note following RCW 46.61.212
.
Effective date
—
2008 c 282:
See note following RCW 46.20.308
.
Finding
—
2000 c 115:
See note following RCW 46.20.075
.
Effective date
—
2000 c 115 ss 1-10:
See note following RCW 46.20.075
.
Effective date
—
Expiration date
—
1987 c 388:
"Sections 1 through 8 of this act shall take effect on July 1, 1988. The director of licensing shall take such steps as are necessary to insure that this act is implemented on its effective date. Sections 2 through 7 of this act shall expire on July 1, 1993." [
1987 c 388 s 13
.]
Severability
—
1987 c 388:
"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." [
1987 c 388 s 16
.]
Effective date
—
1980 c 148:
See note following RCW 46.10.490
.
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
Impoundment of vehicle: RCW 46.55.113
.
RCW 46.20.345
Operation under other license or permit while license suspended or revoked
—
Penalty.
Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this title shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this chapter. A person who violates the provisions of this section is guilty of a gross misdemeanor.
[
1990 c 210 s 6
;
1985 c 302 s 5
;
1967 c 32 s 35
;
1961 c 134 s 2
. Formerly RCW 46.20.420
.]
NOTES:
Rules of court:
Bail in criminal traffic offense cases
—
Mandatory appearance
—
CrRLJ 3.2.
RCW 46.20.349
Stopping vehicle of suspended or revoked driver.
Any police officer who has received notice of the suspension or revocation of a driver's license from the department of licensing may, during the reported period of such suspension or revocation, stop any motor vehicle identified by its vehicle license number as being registered to the person whose driver's license has been suspended or revoked. The driver of such vehicle shall display his or her driver's license upon request of the police officer.
[
2010 c 8 s 9026
;
1979 c 158 s 152
;
1965 ex.s. c 170 s 47
. Formerly RCW 46.20.430
.]
RCW 46.20.355
Alcohol violator
—
Probationary license.
(Effective until January 1, 2026.)
(1) Upon receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or upon receipt of a notice of conviction of RCW 46.61.502
or
46.61.504, the department of licensing shall order the person to surrender any nonprobationary Washington state driver's license that may be in his or her possession. The department shall revoke the license, permit, or privilege to drive of any person who fails to surrender it as required by this section for one year, unless the license has been previously surrendered to the department, a law enforcement officer, or a court, or the person has completed an affidavit of lost, stolen, destroyed, or previously surrendered license, such revocation to take effect thirty days after notice is given of the requirement for license surrender.
(2) The department shall place a person's driving privilege in probationary status as required by RCW 10.05.060
or
46.61.5055
for a period of five years from the date the probationary status is required to go into effect.
(3) Following receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or upon reinstatement or reissuance of a driver's license suspended or revoked as the result of a conviction of RCW 46.61.502
or
46.61.504, the department shall require the person to obtain a probationary license in order to operate a motor vehicle in the state of Washington, except as otherwise exempt under RCW 46.20.025
. The department shall not issue the probationary license unless the person is otherwise qualified for licensing, and the person must renew the probationary license on the same cycle as the person's regular license would have been renewed until the expiration of the five-year probationary status period imposed under subsection (2) of this section.
(4) If a person is eligible for full credit under RCW 46.61.5055
(9)(b)(ii) and, by the date specified in the notice issued under RCW 46.20.245, has completed the requirements under RCW 46.20.311
and paid the fee under subsection (5) of this section, the department shall issue a probationary license on the date specified in the notice with no further action required of the person.
(5) For each original issue or renewal of a probationary license under this section, the department shall charge a fee of fifty dollars in addition to any other licensing fees required. Except for when renewing a probationary license, the department shall waive the requirement to obtain an additional probationary license and the fifty dollar fee if the person has a probationary license in his or her possession at the time a new probationary license is required.
(6) A probationary license shall enable the department and law enforcement personnel to determine that the person is on probationary status. The fact that a person's driving privilege is in probationary status or that the person has been issued a probationary license shall not be a part of the person's record that is available to insurance companies.
[
2020 c 330 s 8
. Prior:
1998 c 209 s 3
;
1998 c 41 s 5
;
1995 1st sp.s. c 17 s 1
;
1995 c 332 s 4
;
1994 c 275 s 8
.]
NOTES:
Effective date
—
2020 c 330:
See note following RCW 9.94A.729
.
Effective date
—
1998 c 209:
See note following RCW 46.20.308
.
Intent
—
Construction
—
Effective date
—
1998 c 41:
See notes following RCW 46.20.265
.
Effective date
—
1995 1st sp.s. c 17:
"This act shall take effect September 1, 1995." [
1995 1st sp.s. c 17 s 3
.]
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
.
PDF
RCW 46.20.355
Alcohol violator
—
Probationary license.
(Effective January 1, 2026.)
(1) Upon receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or upon receipt of a notice of conviction of RCW 46.61.502
or
46.61.504, the department of licensing shall issue notice that 45 days after receipt, the person must apply for a probationary license, and order the person to surrender any nonprobationary Washington state driver's license that may be in his or her possession.
(2) The department shall place a person's driving privilege in probationary status as required by RCW 10.05.060
or
46.61.5055
for a period of five years from the date the probationary status is required to go into effect.
(3) Following receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or upon reinstatement or reissuance of a driver's license suspended or revoked as the result of a conviction of RCW 46.61.502
or
46.61.504, the department shall require the person to obtain a probationary license in order to operate a motor vehicle in the state of Washington, except as otherwise exempt under RCW 46.20.025
. The department shall not issue the probationary license unless the person is otherwise qualified for licensing, and the person must renew the probationary license on the same cycle as the person's regular license would have been renewed until the expiration of the five-year probationary status period imposed under subsection (2) of this section.
(4) If a person is eligible for full credit under RCW 46.61.5055
(9)(b)(ii) and, by the date specified in the notice issued under RCW 46.20.245, has completed the requirements under RCW 46.20.311
and paid the fee under subsection (5) of this section, the department shall issue a probationary license on the date specified in the notice with no further action required of the person.
(5) For each original issue or renewal of a probationary license under this section, the department shall charge a fee of $50 in addition to any other licensing fees required. Except for when renewing a probationary license, the department shall waive the requirement to obtain an additional probationary license and the $50 fee if the person has a probationary license in his or her possession at the time a new probationary license is required.
(6) A probationary license shall enable the department and law enforcement personnel to determine that the person is on probationary status. The fact that a person's driving privilege is in probationary status or that the person has been issued a probationary license shall not be a part of the person's record that is available to insurance companies.
[
2024 c 306 s 26
;
2020 c 330 s 8
. Prior:
1998 c 209 s 3
;
1998 c 41 s 5
;
1995 1st sp.s. c 17 s 1
;
1995 c 332 s 4
;
1994 c 275 s 8
.]
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
.
Effective date
—
1998 c 209:
See note following RCW 46.20.308
.
Intent
—
Construction
—
Effective date
—
1998 c 41:
See notes following RCW 46.20.265
.
Effective date
—
1995 1st sp.s. c 17:
"This act shall take effect September 1, 1995." [
1995 1st sp.s. c 17 s 3
.]
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 46.20.380
Fee.
No person may file an application for an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license as provided in RCW 46.20.391
and
46.20.385
unless he or she first pays to the director or other person authorized to accept applications and fees for driver's licenses a fee of one hundred dollars. The applicant shall receive upon payment an official receipt for the payment of such fee. All such fees shall be forwarded to the director who shall transmit such fees to the state treasurer in the same manner as other driver's license fees.
[
2008 c 282 s 5
;
2004 c 95 s 6
;
1985 ex.s. c 1 s 6
;
1979 c 61 s 12
;
1967 c 32 s 31
;
1961 c 12 s 46.20.380
. Prior:
1957 c 268 s 1
.]
NOTES:
Effective date
—
2008 c 282:
See note following RCW 46.20.308
.
Effective date
—
1985 ex.s. c 1:
See note following RCW 46.20.070
.
RCW 46.20.385
Ignition interlock driver's license
—
Application
—
Eligibility
—
Cancellation
—
Costs
—
Rules.
(Effective until January 1, 2026.)
(1)(a) Any person licensed under this chapter or who has a valid driver's license from another state, who is convicted of: (i) A violation of RCW 46.61.502
or
46.61.504
or an equivalent local or out-of-state statute or ordinance, or (ii) a violation of RCW 46.61.520
(1)(a) or an equivalent local or out-of-state statute or ordinance, or (iii) a conviction for a violation of RCW 46.61.520
(1) (b) or (c) if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520
(1)(a), or (iv) RCW 46.61.522
(1)(b) or an equivalent local or out-of-state statute or ordinance, or (v) RCW 46.61.522
(1) (a) or (c) if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.522
(1)(b) committed while under the influence of intoxicating liquor or any drug, or (vi) who has had or will have his or her license suspended, revoked, or denied under RCW 46.20.3101, or who is otherwise permitted under subsection (8) of this section, may submit to the department an application for an ignition interlock driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue an ignition interlock driver's license.
(b) A person may apply for an ignition interlock driver's license anytime, including immediately after receiving the notices under RCW 46.20.308
or after his or her license is suspended, revoked, or denied.
(c) An applicant under this subsection shall provide proof to the satisfaction of the department that a functioning ignition interlock device has been installed on all vehicles operated by the person.
(i) The department shall require the person to maintain the device on all vehicles operated by the person and shall restrict the person to operating only vehicles equipped with the device, for the remainder of the period of suspension, revocation, or denial, unless otherwise permitted under RCW 46.20.720
(6).
(ii) Subject to any periodic renewal requirements established by the department under this section and subject to any applicable compliance requirements under this chapter or other law, an ignition interlock driver's license granted upon a suspension or revocation under RCW 46.61.5055
or
46.20.3101
extends through the remaining portion of any concurrent or consecutive suspension or revocation that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.
(2) An applicant for an ignition interlock driver's license who qualifies under subsection (1) of this section is eligible to receive a license only if the applicant files satisfactory proof of financial responsibility under chapter
46.29
RCW.
(3) Upon receipt of evidence that a holder of an ignition interlock driver's license granted under this subsection no longer has a functioning ignition interlock device installed on all vehicles operated by the driver, the director shall give written notice by first-class mail to the driver that the ignition interlock driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new ignition interlock driver's license upon submittal of evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver.
(4) A person aggrieved by the decision of the department on the application for an ignition interlock driver's license may request a hearing as provided by rule of the department.
(5) The director shall cancel an ignition interlock driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245
. A person whose ignition interlock driver's license has been canceled under this section may reapply for a new ignition interlock driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380
.
(6)(a) Unless costs are waived by the ignition interlock company or the person is indigent under RCW 10.101.010, the applicant shall pay the cost of installing, removing, and leasing the ignition interlock device and shall pay an additional fee of twenty-one dollars per month. Payments shall be made directly to the ignition interlock company. The company shall remit the additional fee to the department, except that the company may retain twenty-five cents per month of the additional fee to cover the expenses associated with administering the fee.
(b) The department shall deposit the proceeds of the twenty-one dollar fee into the ignition interlock device revolving account. Expenditures from the account may be used only to administer and operate the ignition interlock device revolving account program. The department shall adopt rules to provide monetary assistance according to greatest need and when funds are available.
(7) The department shall adopt rules to implement ignition interlock licensing. The department shall consult with the administrative office of the courts, the state patrol, the Washington association of sheriffs and police chiefs, ignition interlock companies, and any other organization or entity the department deems appropriate.
(8)(a) Any person licensed under this chapter who is convicted of a violation of RCW 46.61.500
when the charge was originally filed as a violation of RCW 46.61.502
or
46.61.504, or an equivalent local ordinance, may submit to the department an application for an ignition interlock driver's license under this section.
(b) A person who does not have any driver's license under this chapter, but who would otherwise be eligible under this section to apply for an ignition interlock license, may submit to the department an application for an ignition interlock license. The department may require the person to take any driver's licensing examination under this chapter and may require the person to also apply and qualify for a temporary restricted driver's license under RCW 46.20.391
.
[
2020 c 330 s 9
;
2017 c 336 s 4
;
2016 c 203 s 13
;
2015 2nd sp.s. c 3 s 3
;
2013 2nd sp.s. c 35 s 20
;
2012 c 183 s 8
;
2011 c 293 s 1
;
2010 c 269 s 1
;
2008 c 282 s 9
.]
NOTES:
Effective date
—
2020 c 330:
See note following RCW 9.94A.729
.
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
.
Effective date
—
2012 c 183:
See note following RCW 9.94A.475
.
Effective date
—
2011 c 293 ss 1-9:
"Sections 1 through 9 of this act take effect September 1, 2011." [
2011 c 293 s 16
.]
Effective date
—
2010 c 269:
"This act takes effect January 1, 2011." [
2010 c 269 s 12
.]
PDF
RCW 46.20.385
Ignition interlock driver's license
—
Application
—
Eligibility
—
Cancellation
—
Costs
—
Rules.
(Effective January 1, 2026.)
(1)(a) Any person licensed under this chapter or who has a valid driver's license from another state, who is convicted of: (i) A violation of RCW 46.61.502
or
46.61.504
or an equivalent local or out-of-state statute or ordinance, or (ii) a violation of RCW 46.61.520
(1)(a) or an equivalent local or out-of-state statute or ordinance, or (iii) a conviction for a violation of RCW 46.61.520
(1) (b) or (c) if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520
(1)(a), or (iv) RCW 46.61.522
(1)(b) or an equivalent local or out-of-state statute or ordinance, or (v) RCW 46.61.522
(1) (a) or (c) if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.522
(1)(b) committed while under the influence of intoxicating liquor or any drug, or (vi) who has had or will have his or her license suspended, revoked, or denied under RCW 46.20.3101, or has had his or her license suspended, revoked, or denied under RCW 46.61.5055
(11)(c)(i), or who is otherwise permitted under subsection (8) of this section, may submit to the department an application for an ignition interlock driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue an ignition interlock driver's license.
(b) A person may apply for an ignition interlock driver's license anytime, including immediately after receiving the notices under RCW 46.20.308
or after his or her license is suspended, revoked, or denied.
(c) An applicant under this subsection shall provide proof to the satisfaction of the department that a functioning ignition interlock device has been installed on all vehicles operated by the person.
(i) The department shall require the person to maintain the device on all vehicles operated by the person and shall restrict the person to operating only vehicles equipped with the device, for the remainder of the period of suspension, revocation, or denial, unless otherwise permitted under RCW 46.20.720
(6).
(ii) Subject to any periodic renewal requirements established by the department under this section and subject to any applicable compliance requirements under this chapter or other law, an ignition interlock driver's license granted upon a suspension or revocation under RCW 46.61.5055
or
46.20.3101
extends through the remaining portion of any concurrent or consecutive suspension or revocation that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.
(2) An applicant for an ignition interlock driver's license who qualifies under subsection (1) of this section is eligible to receive a license only if the applicant files satisfactory proof of financial responsibility under chapter
46.29
RCW.
(3) Upon receipt of evidence that a holder of an ignition interlock driver's license granted under this subsection no longer has a functioning ignition interlock device installed on all vehicles operated by the driver, the director shall give written notice by first-class mail to the driver that the ignition interlock driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new ignition interlock driver's license upon submittal of evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver.
(4) A person aggrieved by the decision of the department on the application for an ignition interlock driver's license may request a hearing as provided by rule of the department.
(5) The director shall cancel an ignition interlock driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245
. A person whose ignition interlock driver's license has been canceled under this section may reapply for a new ignition interlock driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380
.
(6)(a) Unless costs are waived by the ignition interlock company or the person is indigent under RCW 10.101.010, the applicant shall pay the cost of installing, removing, and leasing the ignition interlock device and shall pay an additional fee of twenty-one dollars per month. Payments shall be made directly to the ignition interlock company. The company shall remit the additional fee to the department, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee.
(b) The department shall deposit the proceeds of the twenty-one dollar fee into the ignition interlock device revolving account. Expenditures from the account may be used only to administer and operate the ignition interlock device revolving account program. The department shall adopt rules to provide monetary assistance according to greatest need and when funds are available.
(7) The department shall adopt rules to implement ignition interlock licensing. The department shall consult with the administrative office of the courts, the state patrol, the Washington association of sheriffs and police chiefs, ignition interlock companies, and any other organization or entity the department deems appropriate.
(8)(a) Any person licensed under this chapter who is convicted of a violation of RCW 46.61.500
when the charge was originally filed as a violation of RCW 46.61.502
or
46.61.504, or an equivalent local ordinance, may submit to the department an application for an ignition interlock driver's license under this section.
(b) A person who does not have any driver's license under this chapter, but who would otherwise be eligible under this section to apply for an ignition interlock license, may submit to the department an application for an ignition interlock license. The department may require the person to take any driver's licensing examination under this chapter and may require the person to also apply and qualify for a temporary restricted driver's license under RCW 46.20.391
.
[
2024 c 306 s 27
;
2020 c 330 s 9
;
2017 c 336 s 4
;
2016 c 203 s 13
;
2015 2nd sp.s. c 3 s 3
;
2013 2nd sp.s. c 35 s 20
;
2012 c 183 s 8
;
2011 c 293 s 1
;
2010 c 269 s 1
;
2008 c 282 s 9
.]
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
.
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
.
Effective date
—
2012 c 183:
See note following RCW 9.94A.475
.
Effective date
—
2011 c 293 ss 1-9:
"Sections 1 through 9 of this act take effect September 1, 2011." [
2011 c 293 s 16
.]
Effective date
—
2010 c 269:
"This act takes effect January 1, 2011." [
2010 c 269 s 12
.]
RCW 46.20.391
Temporary restricted, occupational licenses
—
Application
—
Eligibility
—
Restrictions
—
Cancellation.
(Effective until January 1, 2029.)
(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide, vehicular assault, driving while under the influence of intoxicating liquor or any drug, or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, may submit to the department an application for a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394
.
(2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or respond pursuant to RCW 46.20.289
; a violation of the financial responsibility laws under chapter
46.29
RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license.
(b) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation.
(3) An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:
(a) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide under RCW 46.61.520
or vehicular assault under RCW 46.61.522
; and
(b) The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:
(i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle;
(ii) Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;
(iii) Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;
(iv) Is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter
74.08A
RCW to become gainfully employed and the program requires a driver's license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than fourteen days; and
(c) The applicant files satisfactory proof of financial responsibility under chapter
46.29
RCW; and
(d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first-class mail to the driver that the occupational driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and
(e) The department shall not issue an occupational driver's license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (b)(iv) of this subsection.
(4) A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.
(5) The director shall cancel an occupational or temporary restricted driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245
. A person whose occupational or temporary restricted driver's license has been canceled under this section may reapply for a new occupational or temporary restricted driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380
.
[
2021 c 240 s 10
;
2012 c 82 s 2
;
2010 c 269 s 2
;
2008 c 282 s 6
;
2004 c 95 s 7
. Prior:
1999 c 274 s 4
;
1999 c 272 s 1
; prior:
1998 c 209 s 4
;
1998 c 207 s 9
;
1995 c 332 s 12
;
1994 c 275 s 29
;
1985 c 407 s 5
;
1983 c 165 s 24
;
1983 c 165 s 23
;
1983 c 164 s 4
;
1979 c 61 s 13
;
1973 c 5 s 1
.]
NOTES:
Effective date
—
2021 c 240:
See note following RCW 46.63.060
.
Effective date
—
Contingency
—
2012 c 82:
See note following RCW 46.63.110
.
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
—
1999 c 272:
"This act takes effect January 1, 2000." [
1999 c 272 s 3
.]
Effective date
—
1998 c 209:
See note following RCW 46.20.308
.
Effective date
—
1998 c 207:
See note following RCW 46.61.5055
.
Severability
—
Effective dates
—
1995 c 332:
See notes following RCW 46.20.308
.
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
Effective dates
—
1985 c 407:
See note following RCW 46.04.480
.
Legislative finding, intent
—
Effective dates
—
Severability
—
1983 c 165:
See notes following RCW 46.20.308
.
PDF
RCW 46.20.391
Temporary restricted, occupational licenses
—
Application
—
Eligibility
—
Restrictions
—
Cancellation.
(Effective January 1, 2029.)
(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide, vehicular assault, driving while under the influence of intoxicating liquor or any drug, or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, may submit to the department an application for a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394
.
(2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or respond pursuant to RCW 46.20.289
; a violation of the financial responsibility laws under chapter
46.29
RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license.
(b) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation.
(3) An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:
(a) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide under RCW 46.61.520
or vehicular assault under RCW 46.61.522
; and
(b) The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:
(i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle;
(ii) Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;
(iii) Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;
(iv) Is undergoing substance abuse treatment or is participating in meetings of a 12-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter
74.08A
RCW to become gainfully employed and the program requires a driver's license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than 14 days; and
(c) The applicant files satisfactory proof of financial responsibility under chapter
46.29
RCW; and
(d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first-class mail to the driver that the occupational driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and
(e) The department shall not issue an occupational driver's license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (b)(iv) of this subsection.
(4)(a)(i) If a person has applied for a temporary restricted driver's license because the person's license has been suspended under RCW 46.61.500
(2), the terms of a license issued under this section must require the person to use a properly functioning intelligent speed assistance device while operating a motor vehicle.
(ii) If a person has applied for an occupational driver's license because the person's license has been suspended administratively as a result of an accumulation of moving violations under RCW 46.20.2892, and at least one of the violations was for excessive speeding, the terms of an occupational driver's license issued under this section must require the person to use a properly functioning intelligent speed assistance device while operating a motor vehicle.
(b) A person subject to the requirements in (a) of this subsection may not operate a motor vehicle without such a properly functioning device during the duration of the license.
(c)(i) A person who operates a motor vehicle with an intelligent speed assistance device remains exclusively responsible for the operation of the motor vehicle in a safe and lawful manner at all times.
(ii) The obligation under this subsection (4) to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
(5) A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.
(6) The director shall cancel an occupational or temporary restricted driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245
. A person whose occupational or temporary restricted driver's license has been canceled under this section may reapply for a new occupational or temporary restricted driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380
.
[
2025 c 228 s 13
;
2021 c 240 s 10
;
2012 c 82 s 2
;
2010 c 269 s 2
;
2008 c 282 s 6
;
2004 c 95 s 7
. Prior:
1999 c 274 s 4
;
1999 c 272 s 1
; prior:
1998 c 209 s 4
;
1998 c 207 s 9
;
1995 c 332 s 12
;
1994 c 275 s 29
;
1985 c 407 s 5
;
1983 c 165 s 24
;
1983 c 165 s 23
;
1983 c 164 s 4
;
1979 c 61 s 13
;
1973 c 5 s 1
.]
NOTES:
Intent
—
Finding
—
Short title
—
Effective date
—
2025 c 228:
See notes following RCW 46.20.760
.
Effective date
—
2021 c 240:
See note following RCW 46.63.060
.
Effective date
—
Contingency
—
2012 c 82:
See note following RCW 46.63.110
.
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
—
1999 c 272:
"This act takes effect January 1, 2000." [
1999 c 272 s 3
.]
Effective date
—
1998 c 209:
See note following RCW 46.20.308
.
Effective date
—
1998 c 207:
See note following RCW 46.61.5055
.
Severability
—
Effective dates
—
1995 c 332:
See notes following RCW 46.20.308
.
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
Effective dates
—
1985 c 407:
See note following RCW 46.04.480
.
Legislative finding, intent
—
Effective dates
—
Severability
—
1983 c 165:
See notes following RCW 46.20.308
.
RCW 46.20.394
Detailed restrictions
—
Violation.
In issuing an occupational or a temporary restricted driver's license under RCW 46.20.391, the department shall describe the type of qualifying circumstances for the license and shall set forth in detail the specific hours of the day during which the person may drive to and from his or her residence, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. In issuing an occupational or temporary restricted driver's license that meets the qualifying circumstance under RCW 46.20.391
(3)(b)(iv), the department shall set forth in detail the specific hours during which the person may drive to and from substance abuse treatment or meetings of a twelve-step group such as alcoholics anonymous, the days of the week during which the license may be used, and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the occupational or temporary restricted driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342
and subjects the person to all procedures and penalties therefor.
[
2004 c 95 s 8
;
1999 c 272 s 2
;
1983 c 165 s 26
.]
NOTES:
Effective date
—
1999 c 272:
See note following RCW 46.20.391
.
Legislative finding, intent
—
Effective dates
—
Severability
—
1983 c 165:
See notes following RCW 46.20.308
.
RCW 46.20.400
Obtaining new driver's license
—
Surrender of order and current license.
If an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license is issued and is not revoked during the period for which issued the licensee may obtain a new driver's license at the end of such period, but no new driver's license may be issued to such person until he or she surrenders his or her occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license and his or her copy of the order, and the director is satisfied that the person complies with all other provisions of law relative to the issuance of a driver's license.
[
2008 c 282 s 7
;
2004 c 95 s 9
;
1967 c 32 s 33
;
1961 c 12 s 46.20.400
. Prior:
1957 c 268 s 3
.]
NOTES:
Effective date
—
2008 c 282:
See note following RCW 46.20.308
.
RCW 46.20.410
Penalty
—
Violation.
(1) Any person convicted for violation of any restriction of an occupational driver's license or a temporary restricted driver's license shall in addition to the cancellation of such license and any other penalties provided by law be fined not less than fifty nor more than two hundred dollars or imprisoned for not more than six months or both such fine and imprisonment.
(2) It is a gross misdemeanor for a person to violate any restriction of an ignition interlock driver's license.
[
2010 c 269 s 6
;
2008 c 282 s 8
;
2004 c 95 s 10
;
1967 c 32 s 34
;
1961 c 12 s 46.20.410
. Prior:
1957 c 268 s 4
.]
NOTES:
Rules of court:
Bail in criminal traffic offense cases
—
Mandatory appearance
—
CrRLJ 3.2.
Effective date
—
2010 c 269:
See note following RCW 46.20.385
.
Effective date
—
2008 c 282:
See note following RCW 46.20.308
.
RCW 46.20.500
Special endorsement
—
Penalties
—
Exceptions.
(1) No person may drive either a two-wheeled or a three-wheeled motorcycle, or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles. A person who violates this section commits a traffic infraction and is subject to: (a) The base penalty provided under RCW 46.63.110
; and (b) an additional monetary penalty of two hundred fifty dollars, which must be deposited in the motorcycle safety education account under RCW 46.68.065
.
(2) However, a person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped.
(3) No driver's license is required for operation of an electric-assisted bicycle. Persons under sixteen years of age may not operate a class 3 electric-assisted bicycle.
(4) No driver's license is required to operate an electric personal assistive mobility device or a power wheelchair.
(5) No driver's license is required to operate a motorized foot scooter. Motorized foot scooters may not be operated at any time from a half hour after sunset to a half hour before sunrise without reflectors of a type approved by the state patrol. Persons under sixteen years of age may not operate a motorized foot scooter unless provided otherwise by a local jurisdiction. A motorized foot scooter may be operated at a speed of up to fifteen miles per hour on a roadway or bicycle lane, and may be operated on a sidewalk or on pedestrian or bicycle trails if authorized by a local jurisdiction, which shall specify the maximum speed of such sidewalk operation.
(6) A person holding a valid driver's license may operate a motorcycle as defined under RCW 46.04.330
(2) without a motorcycle endorsement.
(7) A person operating a motorcycle with a stabilizing conversion kit must have a valid driver's license specially endorsed by the director for a three-wheeled motorcycle to enable the holder to operate such a motorcycle.
[
2019 c 170 s 4
;
2019 c 65 s 4
;
2018 c 60 s 4
;
2013 c 174 s 2
;
2009 c 275 s 4
. Prior:
2003 c 353 s 9
;
2003 c 141 s 7
;
2003 c 41 s 1
;
2002 c 247 s 6
;
1999 c 274 s 8
;
1997 c 328 s 3
;
1982 c 77 s 1
;
1979 ex.s. c 213 s 6
;
1967 c 232 s 1
.]
NOTES:
Rules of court:
Monetary penalty schedule
—
IRLJ 6.2.
Reviser's note:
This section was amended by 2019 c 65 s 4 and by 2019 c 170 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Finding
—
Effective date
—
2019 c 65:
See notes following RCW 46.81A.020
.
Effective date
—
2003 c 353:
See note following RCW 46.04.320
.
Short title
—
2003 c 41:
"This act shall be known as the Monty Lish Memorial Act." [
2003 c 41 s 6
.]
Effective date
—
2003 c 41:
"This act takes effect January 1, 2004." [
2003 c 41 s 7
.]
Legislative review
—
2002 c 247:
See note following RCW 46.04.1695
.
Severability
—
1982 c 77:
"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." [
1982 c 77 s 10
.]
Mopeds
operation and safety standards: RCW 46.61.710, 46.61.720
.
registration: RCW 46.16A.405
(2).
RCW 46.20.505
Special endorsement fees.
Every person applying for a special endorsement of a driver's license authorizing such person to drive a two or three-wheeled motorcycle or a motor-driven cycle shall pay a fee of five dollars, which is not refundable. In addition, the endorsement fee for the initial motorcycle endorsement shall not exceed sixteen dollars, unless the endorsement is issued for a period other than eight years, in which case the endorsement fee shall not exceed two dollars for each year the initial motorcycle endorsement is issued. The subsequent renewal endorsement fee shall not exceed forty dollars, unless the endorsement is renewed or extended for a period other than eight years, in which case the subsequent renewal endorsement fee shall not exceed five dollars for each year that the endorsement is renewed or extended. Fees collected under this section shall be deposited in the motorcycle safety education account of the highway safety fund.
[
2021 c 158 s 10
;
2012 c 80 s 13
;
2007 c 97 s 1
;
2003 c 41 s 2
;
2002 c 352 s 16
;
2001 c 104 s 1
. Prior:
1999 c 308 s 5
;
1999 c 274 s 9
;
1993 c 115 s 1
;
1989 c 203 s 2
;
1988 c 227 s 5
;
1987 c 454 s 2
;
1985 ex.s. c 1 s 8
;
1982 c 77 s 2
;
1979 c 158 s 153
;
1967 ex.s. c 145 s 50
.]
NOTES:
Effective date
—
2021 c 158 ss 2 and 5-11:
See note following RCW 46.20.049
.
Finding
—
Intent
—
2021 c 158:
See note following RCW 46.20.049
.
Effective date
—
2012 c 80 ss 5-13:
See note following RCW 46.20.055
.
Short title
—
Effective date
—
2003 c 41:
See notes following RCW 46.20.500
.
Effective dates
—
2002 c 352:
See note following RCW 46.09.410
.
Effective date
—
1999 c 308:
See note following RCW 46.20.120
.
Effective date
—
1985 ex.s. c 1:
See note following RCW 46.20.070
.
Severability
—
1982 c 77:
See note following RCW 46.20.500
.
Motorcycle safety education account: RCW 46.68.065
.
RCW 46.20.510
Instruction permit
—
Fee
—
Examinations
—
Director may adopt and enforce rules.
(1)
Motorcycle instruction permit
. A person holding a valid driver's license who wishes to learn to ride a motorcycle may apply for a motorcycle instruction permit. The department may issue a motorcycle instruction permit after the applicant has successfully passed all knowledge and skills examinations required and approved by the department. The director shall collect a fee of fifteen dollars for the motorcycle instruction permit or renewal, and deposit the fee in the motorcycle safety education account of the highway safety fund.
(a) The examination for a two-wheeled motorcycle instruction permit and the examination for a three-wheeled motorcycle instruction permit must be separate and distinct examinations.
(b) The department may authorize an entity that has entered into a contract authorized under RCW 46.20.520
to administer the motorcycle instruction permit examinations.
(c) If a motorcyclist fails the motorcycle endorsement skills test, but demonstrates a level of riding skill consistent with a motorcycle instruction permit, the department may waive any further skills testing required to obtain a motorcycle instruction permit.
(2)
Effect of motorcycle instruction permit
. A person holding a motorcycle instruction permit may drive a motorcycle upon the public highways if the person has immediate possession of the permit and a valid driver's license. An individual with a motorcyclist's instruction permit may not carry passengers and may not operate a motorcycle during the hours of darkness.
(3)
Term of motorcycle instruction permit
. A motorcycle instruction permit is valid for one hundred eighty days from the date of issue.
(a) The department may issue one additional one hundred eighty-day permit.
(b) The department may not issue more than two motorcycle instruction permits to an applicant within a five-year period.
(4) The director may adopt and enforce reasonable rules that are consistent with this section.
[
2019 c 65 s 3
;
2011 c 246 s 1
;
2002 c 352 s 17
;
1999 c 274 s 10
;
1999 c 6 s 25
;
1989 c 337 s 9
;
1985 ex.s. c 1 s 9
;
1985 c 234 s 3
;
1982 c 77 s 3
.]
NOTES:
Finding
—
Effective date
—
2019 c 65:
See notes following RCW 46.81A.020
.
Effective dates
—
2002 c 352:
See note following RCW 46.09.410
.
Intent
—
1999 c 6:
See note following RCW 46.04.168
.
Effective date
—
1985 ex.s. c 1:
See note following RCW 46.20.070
.
Severability
—
1982 c 77:
See note following RCW 46.20.500
.
RCW 46.20.515
Examination
—
Emphasis
—
Administration
—
Waiver.
(1) The motorcycle endorsement examination must emphasize maneuvers necessary for on-street operation, including emergency braking and turning as may be required to avoid an impending collision.
(2) The examination for a two-wheeled motorcycle endorsement and the examination for a three-wheeled motorcycle endorsement must be separate and distinct examinations emphasizing the skills and maneuvers necessary to operate each type of motorcycle.
(3) The department may authorize an entity that has entered into a contract under RCW 46.20.520
to administer the motorcycle endorsement examination.
(4) The department may waive all or part of the examination for persons who satisfactorily complete the voluntary motorcycle operator training and education program authorized under RCW 46.20.520
or who satisfactorily complete a private motorcycle skills education course that has been certified by the department under RCW 46.81A.020
.
[
2011 c 370 s 5
;
2003 c 41 s 3
;
2002 c 197 s 1
;
2001 c 104 s 2
;
1999 c 274 s 11
;
1982 c 77 s 4
.]
NOTES:
Intent
—
2011 c 370:
See note following RCW 28A.220.030
.
Inclusion of stakeholder groups in communications to facilitate transition of driver licensing examination administration
—
2011 c 370:
See note following RCW 46.82.450
.
Short title
—
Effective date
—
2003 c 41:
See notes following RCW 46.20.500
.
Severability
—
1982 c 77:
See note following RCW 46.20.500
.
RCW 46.20.520
Training and education program
—
Advisory board.
(1) The director of licensing shall use moneys designated for the motorcycle safety education account of the highway safety fund to implement by July 1, 1983, a voluntary motorcycle operator training and education program. The director may contract with public and private entities to implement this program.
(2)(a) There is created a motorcycle safety education advisory board to assist the director of licensing in the development of a motorcycle operator training education program. The board shall monitor this program following implementation and report to the director of licensing as necessary with recommendations including, but not limited to, administration, application, and substance of the motorcycle operator training and education program.
(b) The board shall consist of seven members appointed by the director of licensing. Three members of the board shall be active motorcycle riders or members of nonprofit motorcycle organizations which actively support and promote motorcycle safety education. Two members shall represent motorcycle safety instructors. One member shall be a currently employed Washington state patrol motorcycle officer with at least five years experience and at least one year cumulative experience as a motorcycle officer. One member shall be a member of the public.
(c) The term of appointment shall be two years and shall extend until their successors are appointed. The terms of appointment shall be staggered so that either one or two members are appointed in every even-numbered year.
(d) All members must be specially endorsed to drive either a two-wheeled or a three-wheeled motorcycle or have been specially endorsed by the director to drive such motorcycles.
(e) To the extent practicable, the director should strive to appoint members who reflect diversity in race, ethnicity, and gender, and who reside in different areas of the state, with at least two members who reside east of the crest of the Cascade mountain range.
(f) The board shall meet at the call of the director, but not less than two times annually and not less than five times during its term of appointment, and shall receive no compensation for services but shall be reimbursed for travel expenses while engaged in business of the board in accordance with RCW 43.03.050
and
43.03.060
as now existing or hereafter amended.
(3) The seven members of the board shall select a chair from the members who represent the active motorcycle riders, members of nonprofit motorcycle organizations, or motorcycle safety instructors.
(4) The priorities of the program shall be in the following order of priority:
(a) Public awareness of motorcycle safety.
(b) Motorcycle safety education programs conducted by public and private entities.
(c) Classroom and on-cycle training.
(d) Improved motorcycle operator testing.
[
2023 c 137 s 1
;
1998 c 245 s 89
;
1987 c 454 s 3
;
1982 c 77 s 5
.]
NOTES:
Severability
—
1982 c 77:
See note following RCW 46.20.500
.
RCW 46.20.710
Legislative finding.
The legislature finds and declares:
(1) There is a need to reduce the incidence of drivers on the highways and roads of this state who, because of their use, consumption, or possession of alcohol, pose a danger to the health and safety of other drivers;
(2) One method of dealing with the problem of drinking drivers is to discourage the use of motor vehicles by persons who possess or have consumed alcoholic beverages;
(3) The installation of an ignition interlock breath alcohol device or other biological or technical device will provide a means of deterring the use of motor vehicles by persons who have consumed alcoholic beverages;
(4) Ignition interlock and other biological and technical devices are designed to supplement other methods of punishment that prevent drivers from using a motor vehicle after using, possessing, or consuming alcohol;
(5) It is economically and technically feasible to have an ignition interlock or other biological or technical device installed in a motor vehicle in such a manner that the vehicle will not start if the operator has recently consumed alcohol.
[
1994 c 275 s 21
;
1987 c 247 s 1
.]
NOTES:
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
RCW 46.20.720
Ignition interlock device restriction
—
For whom
—
Duration
—
Removal requirements
—
Credit
—
Employer exemption
—
Fee.
(Effective until January 1, 2026.)
(1)
Ignition interlock restriction.
The department shall require that a person may drive only a motor vehicle equipped with a functioning ignition interlock device:
(a)
Pretrial release.
Upon receipt of notice from a court that an ignition interlock device restriction has been imposed under RCW 10.21.055
;
(b)
Ignition interlock driver's license.
As required for issuance of an ignition interlock driver's license under RCW 46.20.385
;
(c)
Deferred prosecution.
Upon receipt of notice from a court that the person is participating in a deferred prosecution program under RCW 10.05.020
for a violation of:
(i) RCW 46.61.502
or
46.61.504
or an equivalent local ordinance; or
(ii) RCW 46.61.5249
or
46.61.500
or an equivalent local ordinance if the person would be required under RCW 46.61.5249
(4) or
46.61.500
(3) (a) or (b) to install an ignition interlock device on all vehicles operated by the person in the event of a conviction;
(d)
Post conviction.
After any applicable period of mandatory suspension, revocation, or denial of driving privileges, or upon fulfillment of day-for-day credit under RCW 46.61.5055
(9)(b)(ii) for a suspension, revocation, or denial of driving privileges:
(i) Due to a conviction of a violation of RCW 46.61.502
or
46.61.504
or an equivalent local or out-of-state statute or ordinance; or
(ii) Due to a conviction of a violation of RCW 46.61.5249
or
46.61.500
or an equivalent local ordinance if the person is required under RCW 46.61.5249
(4) or
46.61.500
(3) (a) or (b) to install an ignition interlock device on all vehicles operated by the person; or
(e)
Court order.
Upon receipt of an order by a court having jurisdiction that a person charged or convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock. The court shall establish a specific alcohol set point at which the ignition interlock will prevent the vehicle from being started. The court shall also establish the period of time for which ignition interlock use will be required.
(2)
Alcohol set point.
Unless otherwise specified by the court for a restriction imposed under subsection (1)(e) of this section, the ignition interlock device shall have an alcohol set point that prevents the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.020 or more.
(3)
Duration of restriction.
A restriction imposed under:
(a) Subsection (1)(a) of this section shall remain in effect until:
(i) The court has authorized the removal of the device under RCW 10.21.055
; or
(ii) The department has imposed a restriction under subsection (1)(b), (c), or (d) of this section arising out of the same incident.
(b) Subsection (1)(b) of this section remains in effect during the validity of any ignition interlock driver's license that has been issued to the person.
(c) Subsection (1)(c)(i) or (d)(i) of this section shall be for no less than:
(i) For a person who has not previously been restricted under this subsection, a period of one year;
(ii) For a person who has previously been restricted under (c)(i) of this subsection, a period of five years;
(iii) For a person who has previously been restricted under (c)(ii) of this subsection, a period of ten years.
The restriction of a person who is convicted of a violation of RCW 46.61.502
or
46.61.504
or an equivalent local ordinance and who committed the offense while one or more passengers under the age of sixteen were in the vehicle shall be extended for an additional period as required by RCW 46.61.5055
(6)(a).
(d) Subsection (1)(c)(ii) or (d)(ii) of this section shall be for a period of no less than six months.
(e) The period of restriction under (c) or (d) of this subsection shall be extended by one hundred eighty days whenever the department receives notice that the restricted person has been convicted under RCW 46.20.740
or
46.20.750
. If the period of restriction under (c) or (d) of this subsection has been fulfilled and cannot be extended, the department must add a new one hundred eighty-day restriction that is imposed from the date of conviction and is subject to the requirements for removal under subsection (4) of this section.
(f) Subsection (1)(e) of this section shall remain in effect for the period of time specified by the court.
(g) The period of restriction under (c) and (d) of this subsection based on incidents occurring on or after June 9, 2016, must be tolled for any period in which the person does not have an ignition interlock device installed on a vehicle owned or operated by the person unless the person receives a determination from the department that the person is unable to operate an ignition interlock device due to a physical disability. The department's determination that a person is unable to operate an ignition interlock device must be reasonable and be based upon good and substantial evidence. This determination is subject to review by a court of competent jurisdiction. The department may charge a person seeking a medical exemption under this subsection a reasonable fee for the assessment.
(4)
Requirements for removal.
A restriction imposed under subsection (1)(c) or (d) of this section shall remain in effect until the department receives a declaration from the person's ignition interlock device vendor, in a form provided or approved by the department, certifying the following:
(a) That there have been none of the following incidents in the one hundred eighty consecutive days prior to the date of release:
(i) Any attempt to start the vehicle with a breath alcohol concentration of 0.04 or more unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples;
(ii) Failure to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test;
(iii) Failure to pass any random retest with a breath alcohol concentration of lower than 0.020 unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than 0.020, and the digital image confirms the same person provided both samples;
(iv) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device; or
(v) Removal of the ignition interlock device by a person other than an ignition interlock technician certified by the Washington state patrol; and
(b) That the ignition interlock device was inspected at the conclusion of the one hundred eighty-day period by an ignition interlock technician certified by the Washington state patrol and no evidence was found that the device was tampered with in the manner described in RCW 46.20.750
.
(5)
Day-for-day credit.
(a) The time period during which a person has an ignition interlock device installed in order to meet the requirements of subsection (1)(b) of this section shall apply on a day-for-day basis toward satisfying the period of time the ignition interlock device restriction is imposed under subsection (1)(c) or (d) of this section arising out of the same incident.
(b) The department must also give the person a day-for-day credit for any time period, beginning from the date of the incident, during which the person kept an ignition interlock device installed on all vehicles the person operates, other than those subject to the employer exemption under subsection (6) of this section.
(c) If the day-for-day credit granted under this subsection equals or exceeds the period of time the ignition interlock device restriction is imposed under subsection (1)(c) or (d) of this section arising out of the same incident, and the person has already met the requirements for removal of the device under subsection (4) of this section, the department may waive the requirement that a device be installed or that the person again meet the requirements for removal.
(6)
Employer exemption.
(a) Except as provided in (b) of this subsection, the installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to chapter
5.50
RCW from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours. When the department receives a declaration under this subsection, it shall attach or imprint a notation on the person's driving record stating that the employer exemption applies.
(b) The employer exemption does not apply when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment.
(7)
Ignition interlock device revolving account.
In addition to any other costs associated with the use of an ignition interlock device imposed on the person restricted under this section, the person shall pay an additional fee of twenty-one dollars per month. Payments must be made directly to the ignition interlock company. The company shall remit the additional fee to the department to be deposited into the ignition interlock device revolving account, except that the company may retain twenty-five cents per month of the additional fee to cover the expenses associated with administering the fee. The department may waive the monthly fee if the person is indigent under RCW 10.101.010
.
(8)
Foreign jurisdiction.
For a person restricted under this section who is residing outside of the state of Washington, the department may accept verification of installation of an ignition interlock device by an ignition interlock company authorized to do business in the jurisdiction in which the person resides, provided the device meets any applicable requirements of that jurisdiction. The department may waive one or more requirements for removal under subsection (4) of this section if compliance with the requirement or requirements would be impractical in the case of a person residing in another jurisdiction, provided the person is in compliance with any equivalent requirement of that jurisdiction. The department may waive the monthly fee required by subsection (7) of this section if collection of the fee would be impractical in the case of a person residing in another jurisdiction.
[
2020 c 330 s 10
;
2019 c 232 s 22
;
2017 c 336 s 5
;
2016 c 203 s 14
;
2013 2nd sp.s. c 35 s 19
;
2012 c 183 s 9
;
2011 c 293 s 6
;
2010 c 269 s 3
;
2008 c 282 s 12
;
2004 c 95 s 11
;
2003 c 366 s 1
;
2001 c 247 s 1
;
1999 c 331 s 3
;
1998 c 210 s 2
;
1997 c 229 s 8
;
1994 c 275 s 22
;
1987 c 247 s 2
.]
NOTES:
Effective date
—
2020 c 330:
See note following RCW 9.94A.729
.
Finding
—
2017 c 336:
See note following RCW 9.96.060
.
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
.
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
—
1999 c 331:
See note following RCW 9.94A.525
.
Short title
—
1998 c 210:
"This act may be known and cited as the Mary Johnsen Act." [
1998 c 210 s 1
.]
Finding
—
Intent
—
1998 c 210:
"The legislature finds that driving is a privilege and that the state may restrict that privilege in the interests of public safety. One such reasonable restriction is requiring certain individuals, if they choose to drive, to drive only vehicles equipped with ignition interlock devices. The legislature further finds that the costs of these devices are minimal and are affordable. It is the intent of the legislature that these devices be paid for by the drivers using them and that neither the state nor entities of local government provide any public funding for this purpose." [
1998 c 210 s 7
.]
Effective date
—
1998 c 210:
"This act takes effect January 1, 1999." [
1998 c 210 s 9
.]
Effective date
—
1997 c 229:
See note following RCW 10.05.090
.
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
PDF
RCW 46.20.720
Ignition interlock device restriction
—
For whom
—
Duration
—
Removal requirements
—
Credit
—
Employer exemption
—
Fee.
(Effective January 1, 2026.)
(1)
Ignition interlock restriction.
The department shall require that a person may drive only a motor vehicle equipped with a functioning ignition interlock device:
(a)
Pretrial release.
Upon receipt of notice from a court that an ignition interlock device restriction has been imposed under RCW 10.21.055
;
(b)
Ignition interlock driver's license.
As required for issuance of an ignition interlock driver's license under RCW 46.20.385
;
(c)
Deferred prosecution.
Upon receipt of notice from a court that the person is participating in a deferred prosecution program under RCW 10.05.020
for a violation of:
(i) RCW 46.61.502
or
46.61.504
or an equivalent local ordinance; or
(ii) RCW 46.61.5249
or
46.61.500
or an equivalent local ordinance if the person would be required under RCW 46.61.5249
(4) or
46.61.500
(3) (a) or (b) to install an ignition interlock device on all vehicles operated by the person in the event of a conviction;
(d)
Post conviction.
After any applicable period of mandatory suspension, revocation, or denial of driving privileges, or upon fulfillment of day-for-day credit under RCW 46.61.5055
(9)(b)(ii) for a suspension, revocation, or denial of driving privileges:
(i) Due to a conviction of a violation of RCW 46.61.502
or
46.61.504
or an equivalent local or out-of-state statute or ordinance; or
(ii) Due to a conviction of a violation of RCW 46.61.5249
or
46.61.500
or an equivalent local ordinance if the person is required under RCW 46.61.5249
(4) or
46.61.500
(3) (a) or (b) to install an ignition interlock device on all vehicles operated by the person; or
(e)
Court order.
Upon receipt of an order by a court having jurisdiction that a person charged or convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock. The court shall establish a specific alcohol set point at which the ignition interlock will prevent the vehicle from being started. The court shall also establish the period of time for which ignition interlock use will be required.
(2)
Alcohol set point.
Unless otherwise specified by the court for a restriction imposed under subsection (1)(e) of this section, the ignition interlock device shall have an alcohol set point that prevents the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.020 or more.
(3)
Duration of restriction.
A restriction imposed under:
(a) Subsection (1)(a) of this section shall remain in effect until:
(i) The court has authorized the removal of the device under RCW 10.21.055
; or
(ii) The department has imposed a restriction under subsection (1)(b), (c), or (d) of this section arising out of the same incident.
(b) Subsection (1)(b) of this section remains in effect during the validity of any ignition interlock driver's license that has been issued to the person.
(c) Subsection (1)(c)(i) or (d)(i) of this section shall be for no less than:
(i) For a person who has not previously been restricted under this subsection, a period of one year;
(ii) For a person who has previously been restricted under (c)(i) of this subsection, a period of five years;
(iii) For a person who has previously been restricted under (c)(ii) of this subsection, a period of 10 years.
The restriction of a person who is convicted of a violation of RCW 46.61.502
or
46.61.504
or an equivalent local ordinance and who committed the offense while one or more passengers under the age of 16 were in the vehicle shall be extended for an additional period as required by RCW 46.61.5055
(6)(a).
For purposes of determining a period of restriction for a person restricted pursuant to a conviction under (d) of this subsection, a restriction based on a deferred prosecution under subsection (1)(c) of this section arising out of the same incident is not considered a prior restriction for purposes of this subsection.
(d) Subsection (1)(c)(ii) or (d)(ii) of this section shall be for a period of no less than six months.
(e) The period of restriction under (c) or (d) of this subsection shall be extended by 180 days whenever the department receives notice that the restricted person has been convicted under RCW 46.20.740
or
46.20.750
. If the period of restriction under (c) or (d) of this subsection has been fulfilled and cannot be extended, the department must add a new 180-day restriction that is imposed from the date of conviction and is subject to the requirements for removal under subsection (4) of this section.
(f) Subsection (1)(e) of this section shall remain in effect for the period of time specified by the court.
(g) The period of restriction under (c) and (d) of this subsection based on incidents occurring on or after June 9, 2016, must be tolled for any period in which the person does not have an ignition interlock device installed on a vehicle owned or operated by the person unless the person receives a determination from the department that the person is unable to operate an ignition interlock device due to a physical disability. For all drivers restricted under this section with incidents and restriction start dates prior to June 9, 2016, a driver may apply to waive the restriction by applying for a determination from the department that the person is unable to operate an ignition interlock device due to a physical disability. The department's determination that a person is unable to operate an ignition interlock device must be reasonable and be based upon good and substantial evidence. This determination is subject to review by a court of competent jurisdiction. The department may charge a person seeking a medical exemption under this subsection a reasonable fee for the assessment.
(4)
Requirements for removal.
A restriction imposed under subsection (1)(c) or (d) of this section shall remain in effect until the department receives a declaration from the person's ignition interlock device vendor, in a form provided or approved by the department, certifying the following:
(a) That there have been none of the following incidents in the 180 consecutive days prior to the date of release:
(i) Any attempt to start the vehicle with a breath alcohol concentration of 0.04 or more unless a subsequent test performed within 10 minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples;
(ii) Failure to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test;
(iii) Failure to pass any random retest with a breath alcohol concentration of lower than 0.020 unless a subsequent test performed within 10 minutes registers a breath alcohol concentration lower than 0.020, and the digital image confirms the same person provided both samples;
(iv) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device; or
(v) Removal of the ignition interlock device by a person other than an ignition interlock technician certified by the Washington state patrol; and
(b) That the ignition interlock device was inspected at the conclusion of the 180-day period by an ignition interlock technician certified by the Washington state patrol and no evidence was found that the device was tampered with in the manner described in RCW 46.20.750
.
(5)
Day-for-day credit.
(a) The time period during which a person has an ignition interlock device installed in order to meet the requirements of subsection (1)(b) of this section shall apply on a day-for-day basis toward satisfying the period of time the ignition interlock device restriction is imposed under subsection (1)(c) or (d) of this section arising out of the same incident.
(b) The department must also give the person a day-for-day credit for any time period, beginning from the date of the incident, during which the person kept an ignition interlock device installed on all vehicles the person operates, other than those subject to the employer exemption under subsection (6) of this section.
(c) If the day-for-day credit granted under this subsection equals or exceeds the period of time the ignition interlock device restriction is imposed under subsection (1)(c) or (d) of this section arising out of the same incident, and the person has already met the requirements for removal of the device under subsection (4) of this section, the department may waive the requirement that a device be installed or that the person again meet the requirements for removal.
(6)
Employer exemption.
(a) Except as provided in (b) of this subsection, the installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to chapter
5.50
RCW from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours. When the department receives a declaration under this subsection, it shall attach or imprint a notation on the person's driving record stating that the employer exemption applies.
(b) The employer exemption does not apply when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment.
(c) The employer exemption does not apply to a person who is self-employed unless the person's vehicle is used exclusively for the person's employment.
(7)
Ignition interlock device revolving account.
In addition to any other costs associated with the use of an ignition interlock device imposed on the person restricted under this section, the person shall pay an additional fee of $21 per month. Payments must be made directly to the ignition interlock company. The company shall remit the additional fee to the department to be deposited into the ignition interlock device revolving account, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee. The department may waive the monthly fee if the person is indigent under RCW 10.101.010
.
(8)
Foreign jurisdiction.
For a person restricted under this section who is residing outside of the state of Washington, the department may accept verification of installation of an ignition interlock device by an ignition interlock company authorized to do business in the jurisdiction in which the person resides, provided the device meets any applicable requirements of that jurisdiction. The department may waive one or more requirements for removal under subsection (4) of this section if compliance with the requirement or requirements would be impractical in the case of a person residing in another jurisdiction, provided the person is in compliance with any equivalent requirement of that jurisdiction. The department may waive the monthly fee required by subsection (7) of this section if collection of the fee would be impractical in the case of a person residing in another jurisdiction.
[
2024 c 306 s 28
;
2020 c 330 s 10
;
2019 c 232 s 22
;
2017 c 336 s 5
;
2016 c 203 s 14
;
2013 2nd sp.s. c 35 s 19
;
2012 c 183 s 9
;
2011 c 293 s 6
;
2010 c 269 s 3
;
2008 c 282 s 12
;
2004 c 95 s 11
;
2003 c 366 s 1
;
2001 c 247 s 1
;
1999 c 331 s 3
;
1998 c 210 s 2
;
1997 c 229 s 8
;
1994 c 275 s 22
;
1987 c 247 s 2
.]
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
.
Finding
—
2017 c 336:
See note following RCW 9.96.060
.
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
.
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
—
1999 c 331:
See note following RCW 9.94A.525
.
Short title
—
1998 c 210:
"This act may be known and cited as the Mary Johnsen Act." [
1998 c 210 s 1
.]
Finding
—
Intent
—
1998 c 210:
"The legislature finds that driving is a privilege and that the state may restrict that privilege in the interests of public safety. One such reasonable restriction is requiring certain individuals, if they choose to drive, to drive only vehicles equipped with ignition interlock devices. The legislature further finds that the costs of these devices are minimal and are affordable. It is the intent of the legislature that these devices be paid for by the drivers using them and that neither the state nor entities of local government provide any public funding for this purpose." [
1998 c 210 s 7
.]
Effective date
—
1998 c 210:
"This act takes effect January 1, 1999." [
1998 c 210 s 9
.]
Effective date
—
1997 c 229:
See note following RCW 10.05.090
.
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
RCW 46.20.740
Notation on driving record
—
Verification of interlock
—
Penalty, exception.
(Effective until January 1, 2026.)
(1) The department shall attach or imprint a notation on the driving record of any person restricted under RCW 46.20.720, 46.61.5055, or
10.05.140
stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device. The department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department determines that an ignition interlock required under this section is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.
(2) It is a gross misdemeanor for a person with such a notation on his or her driving record to operate a motor vehicle that is not so equipped, unless the notation resulted from a restriction imposed as a condition of release and the restriction has been released by the court prior to driving. Any time a person is convicted under this section, the court shall immediately notify the department for purposes of RCW 46.20.720
(3)(e).
(3) Any sentence imposed for a violation of subsection (2) of this section shall be served consecutively with any sentence imposed under RCW 46.20.750, 46.61.502, 46.61.504, or
46.61.5055
.
[
2020 c 330 s 11
;
2015 2nd sp.s. c 3 s 4
;
2010 c 269 s 8
;
2008 c 282 s 13
;
2004 c 95 s 12
;
2001 c 55 s 1
;
1997 c 229 s 10
;
1994 c 275 s 24
;
1987 c 247 s 4
.]
NOTES:
Effective date
—
2020 c 330:
See note following RCW 9.94A.729
.
Finding
—
Intent
—
2015 2nd sp.s. c 3:
See note following RCW 10.21.055
.
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
—
1997 c 229:
See note following RCW 10.05.090
.
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
PDF
RCW 46.20.740
Notation on driving record
—
Verification of interlock
—
Penalty, exception.
(Effective January 1, 2026.)
(1) The department shall attach or imprint a notation on the driving record of any person restricted under RCW 46.20.720, 46.61.5055, or
10.05.140
stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device. The department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned or operated by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department determines that an ignition interlock required under this section is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.
(2) It is a gross misdemeanor for a person with such a notation on his or her driving record to operate a motor vehicle that is not so equipped, unless the notation resulted from a restriction imposed as a condition of release and the restriction has been released by the court prior to driving. Any time a person is convicted under this section, the court shall immediately notify the department for purposes of RCW 46.20.720
(3)(e). It is an affirmative defense, which the defendant must prove by a preponderance of the evidence, that the employer exemption in RCW 46.20.720
(6) applies. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(3) Any sentence imposed for a violation of subsection (2) of this section shall be served consecutively with any sentence imposed under RCW 46.20.750, 46.61.502, 46.61.504, or
46.61.5055
.
[
2024 c 306 s 29
;
2020 c 330 s 11
;
2015 2nd sp.s. c 3 s 4
;
2010 c 269 s 8
;
2008 c 282 s 13
;
2004 c 95 s 12
;
2001 c 55 s 1
;
1997 c 229 s 10
;
1994 c 275 s 24
;
1987 c 247 s 4
.]
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
.
Finding
—
Intent
—
2015 2nd sp.s. c 3:
See note following RCW 10.21.055
.
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
—
1997 c 229:
See note following RCW 10.05.090
.
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
RCW 46.20.745
Ignition interlock device revolving account program
—
Pilot program.
(1) The ignition interlock device revolving account program is created within the department to assist in covering the monetary costs of installing, removing, and leasing an ignition interlock device, and applicable licensing, for indigent persons who are required under RCW 46.20.385, 46.20.720, and
46.61.5055
to install an ignition interlock device in all vehicles owned or operated by the person. For purposes of this subsection, "indigent" has the same meaning as in RCW 10.101.010, as determined by the department. During the 2023-2025 and 2025-2027 fiscal biennia, the ignition interlock device revolving account program also includes ignition interlock enforcement work conducted by the Washington state patrol.
(2) A pilot program is created within the ignition interlock device revolving account program for the purpose of monitoring compliance by persons required to use ignition interlock devices and by ignition interlock companies and vendors.
(3) The department, the state patrol, and the Washington traffic safety commission shall coordinate to establish a compliance pilot program that will target at least one county from eastern Washington and one county from western Washington, as determined by the department, state patrol, and Washington traffic safety commission.
(4) At a minimum, the compliance pilot program shall:
(a) Review the number of ignition interlock devices that are required to be installed in the targeted county and the number of ignition interlock devices actually installed;
(b) Work to identify those persons who are not complying with ignition interlock requirements or are repeatedly violating ignition interlock requirements; and
(c) Identify ways to track compliance and reduce noncompliance.
(5) As part of monitoring compliance, the Washington traffic safety commission shall also track recidivism for violations of RCW 46.61.502
and
46.61.504
by persons required to have an ignition interlock driver's license under RCW 46.20.385
and
46.20.720
.
[
2025 c 416 s 704
;
2023 c 472 s 704
;
2021 c 333 s 704
;
2019 c 416 s 704
;
2017 c 313 s 704
;
2013 c 306 s 712
;
2012 c 183 s 10
;
2008 c 282 s 10
.]
NOTES:
Effective date
—
2025 c 416:
See note following RCW 36.79.020
.
Effective date
—
2023 c 472:
See note following RCW 43.19.642
.
Effective date
—
2021 c 333:
See note following RCW 43.19.642
.
Effective date
—
2019 c 416:
See note following RCW 43.19.642
.
Effective date
—
2017 c 313:
See note following RCW 43.19.642
.
Effective date
—
2013 c 306:
See note following RCW 47.64.170
.
Effective date
—
2012 c 183:
See note following RCW 9.94A.475
.
RCW 46.20.750
Circumventing ignition interlock
—
Penalty
—
Notice.
(1) A person who is restricted to the use of a vehicle equipped with an ignition interlock device is guilty of a gross misdemeanor if the restricted driver:
(a) Tampers with the device or any components of the device, or otherwise interferes with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle;
(b) Uses or requests another person to use a filter or other device to circumvent the ignition interlock or to start or operate the vehicle to allow the restricted driver to operate the vehicle;
(c) Has, directs, authorizes, or requests another person to tamper with the device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle; or
(d) Has, allows, directs, authorizes, or requests another person to blow or otherwise exhale into the device in order to circumvent the device to allow the restricted driver to operate the vehicle.
(2) A person who knowingly assists another person who is restricted to the use of a vehicle equipped with an ignition interlock device to circumvent the device or any components of the device, or otherwise interfere with the proper functionality of the device, or to start and operate that vehicle is guilty of a gross misdemeanor. The provisions of this subsection do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.
(3) Any sentence imposed for a violation of subsection (1) of this section shall be served consecutively with any sentence imposed under RCW 46.20.740, 46.61.502, 46.61.504, 46.61.5055, 46.61.520
(1)(a), or
46.61.522
(1)(b).
(4) Any time a person is convicted under subsection (1) of this section, the court shall immediately notify the department for purposes of RCW 46.20.720
(3)(e).
[
2020 c 330 s 12
;
2015 2nd sp.s. c 3 s 6
;
2005 c 200 s 2
;
1994 c 275 s 25
;
1987 c 247 s 5
.]
NOTES:
Effective date
—
2020 c 330:
See note following RCW 9.94A.729
.
Finding
—
Intent
—
2015 2nd sp.s. c 3:
See note following RCW 10.21.055
.
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
RCW 46.20.755
Local verification of ignition interlock device installation
—
Immunity.
If a person is required, as part of the person's judgment and sentence or as a condition of release, to install an ignition interlock device on all motor vehicles operated by the person and the person is under the jurisdiction of the municipality or county probation or supervision department, the probation or supervision department must verify the installation of the ignition interlock device or devices. The municipality or county probation or supervision department satisfies the requirement to verify the installation or installations if the municipality or county probation or supervision department receives written verification by one or more companies doing business in the state that it has installed the required device on a vehicle owned or operated by the person. The municipality or county shall have no further obligation to supervise the use of the ignition interlock device or devices by the person and shall not be civilly liable for any injuries or damages caused by the person for failing to use an ignition interlock device or for driving under the influence of intoxicating liquor or any drug or being in actual physical control of a motor vehicle under the influence of intoxicating liquor or any drug.
[
2015 2nd sp.s. c 3 s 15
;
2010 c 269 s 5
.]
NOTES:
Finding
—
Intent
—
2015 2nd sp.s. c 3:
See note following RCW 10.21.055
.
Effective date
—
2010 c 269:
See note following RCW 46.20.385
.
RCW 46.20.760
Intelligent speed assistance device
—
When required
—
Installation
—
Department may issue rules.
(Effective January 1, 2029.)
(1) A person may not drive a motor vehicle, unless it is equipped with a functioning intelligent speed assistance device, configured and programmed as provided in RCW 46.20.765
(3), if the device is required:
(a) For the issuance of a temporary restricted driver's license or an occupational driver's license, under the terms of RCW 46.20.391
(4);
(b) Under the applicable terms of probation under RCW 46.20.2892
(1) or
46.61.500
(4); or
(c) Pursuant to court order under RCW 46.61.734
or
10.21.030
.
(2) The requirement to use the device under subsection (1) of this section with respect to a temporary restricted driver's license or occupational driver's license under RCW 46.20.391
remains in effect during the validity of any such license that has been issued to the person.
(3)(a) A person who operates a motor vehicle with an intelligent speed assistance device remains exclusively responsible for the operation of the motor vehicle in a safe and lawful manner at all times.
(b) The obligation under this section to use an intelligent speed assistance device is not a defense or mitigating circumstance to a violation of rules of the road, as set forth in law.
(4)(a) Except as provided in (b) of this subsection, the installation of an intelligent speed assistance device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to chapter
5.50
RCW from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours. When the department receives a declaration under this subsection, it shall attach or imprint a notation on the person's driving record stating that the employer exemption applies.
(b) The employer exemption does not apply when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment.
(5) Unless costs are waived by the intelligent speed assistance device company or the person is indigent under RCW 10.101.010, a person subject to the requirements of subsection (1) of this section shall pay the costs of installing, removing, and leasing the intelligent speed assistance device and shall pay an additional fee of $21 per month. Payments must be made directly to the intelligent speed assistance device company. The company shall remit the additional fee to the department to be deposited into the intelligent speed assistance device revolving account under RCW 46.68.530, except that the company may retain 25 cents per month of the additional fee to cover the expenses associated with administering the fee. The department may waive the monthly fee if the person is indigent under RCW 10.101.010
.
(6) For a person restricted under this section who is residing outside of the state of Washington, the department may accept verification of installation of an intelligent speed assistance device by an intelligent speed assistance device company authorized to do business in the jurisdiction or within a 75 mile radius of the jurisdiction in which the person resides, provided the device meets any applicable requirements of that jurisdiction. The department may waive the monthly fee required in subsection (5) of this section if collection of the fee would be impractical in the case of a person residing in another jurisdiction.
(7) The department may issue rules to implement this section.
[
2025 c 228 s 4
.]
NOTES:
Intent
—
Finding
—
2025 c 228:
"It is the intent of the legislature to keep the public safe when on the road. Nationwide, 29 percent of all crash fatalities occurred in speed-related crashes in 2022. In 2023, more than 30 percent of fatal crashes involved speeding on Washington roads. Speeding continues to be a component of traffic deaths, and law enforcement is increasingly dealing with more speed-related incidents. The legislature finds that all Washington drivers are at risk when speeding is involved, and solutions to change public behavior are needed.
Additionally, according to the American motor vehicle administration, more than 70 percent of people with suspended licenses continue to drive during the suspension period. By leveraging technology to enable individuals to continue driving and prevent speeding, the legislature intends to enhance road safety to promote safer driving habits and keep the public safe." [
2025 c 228 s 1
.]
Short title
—
2025 c 228:
"This act may be known and cited as the BEAM act." [
2025 c 228 s 16
.]
Effective date
—
2025 c 228:
"This act takes effect January 1, 2029." [
2025 c 228 s 18
.]
RCW 46.20.765
Intelligent speed assistance device
—
Installation, repair, maintain, monitor, or remove
—
Application
—
Criminal background check results
—
Department may issue rules.
(Effective January 1, 2029.)
(1) To be eligible to install, repair, maintain, monitor, or remove an intelligent speed assistance device, a person must apply to the department and meet the requirements as provided in this section.
(2) An applicant seeking approval to install the device must submit a declaration to the department that the device is an intelligent speed assistance device as defined in RCW 46.04.218
and, when installed in a vehicle, is configured and programmed as provided in subsection (3) of this section.
(3)(a) An intelligent speed assistance device must employ a technology using a global positioning system and must be programmed to limit the velocity of a moving vehicle to the posted speed limit, except as provided in (b) of this subsection.
(b) The intelligent speed assistance device must include an override function to allow the vehicle to exceed the speed limit on no more than three occasions in each calendar month. The use of the override function under this subsection is subject to the requirements and limitations of RCW 46.61.425
.
(c) All data collected under chapter 228, Laws of 2025 must be securely maintained by an intelligent speed assistance device company and may not be shared with any third parties, except for data pertaining to installation and removal of the device, without a court order.
(4) To maintain eligibility under this section, a person must submit the results of a criminal background check to the department annually for any individual that is hired to install, repair, maintain, monitor, or remove the device.
(5) The department may issue rules regarding the application process and eligibility under this section.
[
2025 c 228 s 5
.]
NOTES:
Intent
—
Finding
—
Short title
—
Effective date
—
2025 c 228:
See notes following RCW 46.20.760
.
RCW 46.20.770
Intelligent speed assistance device
—
Penalties.
(Effective January 1, 2029.)
(1) A person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device is guilty of a gross misdemeanor if the restricted driver:
(a) Tampers with the device or any components of the device, or otherwise interferes with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle; or
(b) Has, directs, authorizes, or requests another person to tamper with the device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle.
(2) A person who knowingly assists another person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device to circumvent the device or any components of the device, or otherwise interferes with the proper functionality of the device, or to start and operate that vehicle is guilty of a gross misdemeanor. The provisions of this subsection do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an intelligent speed assistance device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.
[
2025 c 228 s 6
.]
NOTES:
Intent
—
Finding
—
Short title
—
Effective date
—
2025 c 228:
See notes following RCW 46.20.760
.
RCW 46.20.900
Repeal and saving.
Section 46.20.010, chapter 12, Laws of 1961 and RCW 46.20.010, section 46.20.020, chapter 12, Laws of 1961 as amended by section 1, chapter 134, Laws of 1961 and RCW 46.20.020, section 46.20.030, chapter 12, Laws of 1961 as amended by section 12, chapter 39, Laws of 1963 and RCW 46.20.030, section 46.20.060, chapter 12, Laws of 1961 and RCW 46.20.060, sections 46.20.080 through
46.20.090, chapter 12, Laws of 1961 and RCW 46.20.080
through
46.20.090, section 46.20.110, chapter 12, Laws of 1961 as last amended by section 10, chapter 39, Laws of 1963 and RCW 46.20.110, sections 46.20.140 through
46.20.180, chapter 12, Laws of 1961 and RCW 46.20.140
through
46.20.180, section 46.20.210, chapter 12, Laws of 1961 and RCW 46.20.210, sections 46.20.230 through
46.20.250, chapter 12, Laws of 1961 and RCW 46.20.230
through
46.20.250, section 46.20.280, chapter 12, Laws of 1961 and RCW 46.20.280, section 46.20.290, chapter 12, Laws of 1961 and RCW 46.20.290, section 46.20.310, chapter 12, Laws of 1961 and RCW 46.20.310, and section 46.20.330, chapter 12, Laws of 1961 and RCW 46.20.330
; section 46.20.350, chapter 12, Laws of 1961 and RCW 46.20.350
; section 46.20.360, chapter 12, Laws of 1961 and RCW 46.20.360
are each hereby repealed. Such repeals shall not be construed as affecting any existing right acquired under the statutes repealed, nor as affecting any proceedings instituted thereunder, nor any rule, regulation or order promulgated thereunder, nor any administrative action taken thereunder.
[
1965 ex.s. c 121 s 46
.]