Impaired driving

AN ACT Relating to impaired driving; amending RCW 46.61.5055; 1
adding a new section to chapter 66.08 RCW; prescribing penalties; 2
providing an effective date; and providing an expiration date.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 46.61.5055 and 2024 c 306 s 31 are each amended to 5
read as follows: 6
(1) No prior offenses in seven years. Except as provided in RCW 7
46.61.502(6) or 46.61.504(6), a person who is convicted of a 8
violation of RCW 46.61.502 or 46.61.504 and who has no prior offense 9
within seven years shall be punished as follows: 10
(a) Penalty for alcohol concentration less than ((0.15)) 0.10. In 11
the case of a person whose alcohol concentration was less than 12
((0.15)) 0.10, or for whom for reasons other than the person's 13
refusal to take a test offered pursuant to RCW 46.20.308 there is no 14
test result indicating the person's alcohol concentration:15
(i) By imprisonment for not less than 24 consecutive hours nor 16
more than 364 days. In lieu of the mandatory minimum term of 17
imprisonment required under this subsection (1)(a)(i), the court, in 18
its discretion, may order not less than 15 days of electronic home 19
monitoring or a 90-day period of 24/7 sobriety program monitoring. 20
The court may consider the offender's pretrial 24/7 sobriety program 21
S-1396.2
SENATE BILL 5742
State of Washington 69th Legislature 2025 Regular Session
By Senator Fortunato
Read first time 02/13/25. Referred to Committee on Law & Justice.
p. 1 SB 5742
monitoring as fulfilling a portion of posttrial sentencing. The 1
offender shall pay the cost of electronic home monitoring. The county 2
or municipality in which the penalty is being imposed shall determine 3
the cost. The court may also require the offender's electronic home 4
monitoring device or other separate alcohol monitoring device to 5
include an alcohol detection breathalyzer, and the court may restrict 6
the amount of alcohol the offender may consume during the time the 7
offender is on electronic home monitoring; and 8
(ii) By a fine of not less than $350 nor more than $5,000. $350 9
of the fine may not be suspended unless the court finds the offender 10
to be indigent; ((or))11
(b) Penalty for alcohol concentration at least 0.10. In the case 12
of a person whose alcohol concentration was at least 0.10:13
(i) By imprisonment for not less than 48 consecutive hours nor 14
more than 364 days. In lieu of the mandatory minimum term of 15
imprisonment required under this subsection (1)(b)(i), the court, in 16
its discretion, may order not less than 30 days of electronic home 17
monitoring or a 120-day period of 24/7 sobriety program monitoring. 18
The court may consider the offender's pretrial 24/7 sobriety program 19
testing as fulfilling a portion of posttrial sentencing. The offender 20
shall pay the cost of electronic home monitoring. The county or 21
municipality in which the penalty is being imposed shall determine 22
the cost. The county or municipality may also require the offender's 23
electronic home monitoring device to include an alcohol detection 24
breathalyzer or other separate alcohol monitoring device, and the 25
court may restrict the amount of alcohol the offender may consume 26
during the time the offender is on electronic home monitoring; and27
(ii) By a fine of not less than $500 nor more than $5,000. $500 28
of the fine may not be suspended unless the court finds the offender 29
to be indigent; or30
(c) Penalty for alcohol concentration at least ((0.15)) 0.12. In 31
the case of a person whose alcohol concentration was at least 32
((0.15)) 0.12, or for whom by reason of the person's refusal to take 33
a test offered pursuant to RCW 46.20.308 there is no test result 34
indicating the person's alcohol concentration: 35
(i) By imprisonment for not less than 48 consecutive hours nor 36
more than 364 days. In lieu of the mandatory minimum term of 37
imprisonment required under this subsection (1)(((b))) (c)(i), the 38
court, in its discretion, may order not less than 30 days of 39
electronic home monitoring or a 120-day period of 24/7 sobriety 40
p. 2 SB 5742
program monitoring. The court may consider the offender's pretrial 1
24/7 sobriety program testing as fulfilling a portion of posttrial 2
sentencing. The offender shall pay the cost of electronic home 3
monitoring. The county or municipality in which the penalty is being 4
imposed shall determine the cost. The court may also require the 5
offender's electronic home monitoring device to include an alcohol 6
detection breathalyzer or other separate alcohol monitoring device, 7
and the court may restrict the amount of alcohol the offender may 8
consume during the time the offender is on electronic home 9
monitoring; and 10
(ii) By a fine of not less than $500 nor more than $5,000. $500 11
of the fine may not be suspended unless the court finds the offender 12
to be indigent. 13
(2) One prior offense in seven years. Except as provided in RCW 14
46.61.502(6) or 46.61.504(6), a person who is convicted of a 15
violation of RCW 46.61.502 or 46.61.504 and who has one prior offense 16
within seven years shall be punished as follows: 17
(a) Penalty for alcohol concentration less than ((0.15)) 0.10. In 18
the case of a person whose alcohol concentration was less than 19
((0.15)) 0.10, or for whom for reasons other than the person's 20
refusal to take a test offered pursuant to RCW 46.20.308 there is no 21
test result indicating the person's alcohol concentration:22
(i) By imprisonment for not less than 30 days nor more than 364 23
days and 60 days of electronic home monitoring. Thirty days of 24
imprisonment and 60 days of electronic home monitoring may not be 25
suspended or converted unless the court finds that the imposition of 26
this mandatory minimum sentence would impose a substantial risk to 27
the offender's physical or mental well-being. If the offender shows 28
that the imposition of this mandatory minimum sentence would impose a 29
substantial risk to the offender's physical or mental well-being, in 30
lieu of the mandatory term of imprisonment and electronic home 31
monitoring under this subsection (2)(a)(i), the court may order a 32
minimum of either 180 days of electronic home monitoring or a 120-day 33
period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 34
through 36.28A.390. Whenever the mandatory minimum sentence is 35
suspended or converted, the court shall state in writing the reason 36
for granting the suspension or conversion and the facts upon which 37
the suspension or conversion is based. The court may consider the 38
offender's pretrial 24/7 sobriety program monitoring as fulfilling a 39
portion of posttrial sentencing. The court shall order an expanded 40
p. 3 SB 5742
substance use disorder assessment and treatment, if deemed 1
appropriate by the assessment. The offender shall pay for the cost of 2
the electronic monitoring. The county or municipality where the 3
penalty is being imposed shall determine the cost. The court may also 4
require the offender's electronic home monitoring device include an 5
alcohol detection breathalyzer or other separate alcohol monitoring 6
device, and may restrict the amount of alcohol the offender may 7
consume during the time the offender is on electronic home 8
monitoring; and 9
(ii) By a fine of not less than $500 nor more than $5,000. $500 10
of the fine may not be suspended unless the court finds the offender 11
to be indigent; ((or))12
(b) Penalty for alcohol concentration at least 0.10. In the case 13
of a person whose alcohol concentration was at least 0.10:14
(i) By imprisonment for not less than 40 days nor more than 364 15
days. In lieu of the mandatory minimum term of imprisonment required 16
under this subsection (2)(b)(i), the court, in its discretion, may 17
order not less than 40 days of electronic home monitoring or a 120-18
day period of 24/7 sobriety program monitoring. The court may 19
consider the offender's pretrial 24/7 sobriety program testing as 20
fulfilling a portion of posttrial sentencing. The offender shall pay 21
the cost of electronic home monitoring. The county or municipality in 22
which the penalty is being imposed shall determine the cost. The 23
county or municipality may also require the offender's electronic 24
home monitoring device to include an alcohol detection breathalyzer 25
or other separate alcohol monitoring device, and the court may 26
restrict the amount of alcohol the offender may consume during the 27
time the offender is on electronic home monitoring; and28
(ii) By a fine of not less than $600 nor more than $5,000. $600 29
of the fine may not be suspended unless the court finds the offender 30
to be indigent; or31
(c) Penalty for alcohol concentration at least ((0.15)) 0.12. In 32
the case of a person whose alcohol concentration was at least 33
((0.15)) 0.12, or for whom by reason of the person's refusal to take 34
a test offered pursuant to RCW 46.20.308 there is no test result 35
indicating the person's alcohol concentration: 36
(i) By imprisonment for not less than 45 days nor more than 364 37
days and 90 days of electronic home monitoring. Forty-five days of 38
imprisonment and 90 days of electronic home monitoring may not be 39
suspended or converted unless the court finds that the imposition of 40
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this mandatory minimum sentence would impose a substantial risk to 1
the offender's physical or mental well-being. If the offender shows 2
that the imposition of this mandatory minimum sentence would impose a 3
substantial risk to the offender's physical or mental well-being, in 4
lieu of the mandatory minimum term of imprisonment and electronic 5
home monitoring under this subsection (2)(((b))) (c)(i), the court 6
may order a minimum of either six months of electronic home 7
monitoring or a 120-day period of 24/7 sobriety program monitoring 8
pursuant to RCW 36.28A.300 through 36.28A.390. Whenever the mandatory 9
minimum sentence is suspended or converted, the court shall state in 10
writing the reason for granting the suspension or conversion and the 11
facts upon which the suspension or conversion is based. The court may 12
consider the offender's pretrial 24/7 sobriety program monitoring as 13
fulfilling a portion of posttrial sentencing. The court shall order 14
an expanded substance use disorder assessment and treatment, if 15
deemed appropriate by the assessment. The offender shall pay for the 16
cost of the electronic monitoring. The county or municipality where 17
the penalty is being imposed shall determine the cost. The court may 18
also require the offender's electronic home monitoring device include 19
an alcohol detection breathalyzer or other separate alcohol 20
monitoring device, and may restrict the amount of alcohol the 21
offender may consume during the time the offender is on electronic 22
home monitoring; and 23
(ii) By a fine of not less than $750 nor more than $5,000. $750 24
of the fine may not be suspended unless the court finds the offender 25
to be indigent. 26
(3) Two prior offenses in seven years. Except as provided in RCW 27
46.61.502(6) or 46.61.504(6), a person who is convicted of a 28
violation of RCW 46.61.502 or 46.61.504 and who has two prior 29
offenses within seven years shall be punished as follows:30
(a) Penalty for alcohol concentration less than ((0.15)) 0.10. In 31
the case of a person whose alcohol concentration was less than 32
((0.15)) 0.10, or for whom for reasons other than the person's 33
refusal to take a test offered pursuant to RCW 46.20.308 there is no 34
test result indicating the person's alcohol concentration:35
(i) By imprisonment for not less than 90 days nor more than 364 36
days, if available in that county or city, a six-month period of 24/7 37
sobriety program monitoring pursuant to RCW 36.28A.300 through 38
36.28A.390, and 120 days of electronic home monitoring. Ninety days 39
of imprisonment and 120 days of electronic home monitoring may not be 40
p. 5 SB 5742
suspended or converted unless the court finds that the imposition of 1
this mandatory minimum sentence would impose a substantial risk to 2
the offender's physical or mental well-being. If the offender shows 3
that the imposition of this mandatory minimum sentence would impose a 4
substantial risk to the offender's physical or mental well-being, in 5
lieu of the mandatory minimum term of 90 days of imprisonment and 120 6
days of electronic home monitoring, the court may order 360 days of 7
electronic home monitoring or a 360-day period of 24/7 sobriety 8
monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever 9
the mandatory minimum sentence is suspended or converted, the court 10
shall state in writing the reason for granting the suspension or 11
conversion and the facts upon which the suspension or conversion is 12
based. The court shall order an expanded substance use disorder 13
assessment and treatment, if deemed appropriate by the assessment. 14
The offender shall pay for the cost of the electronic monitoring. The 15
county or municipality where the penalty is being imposed shall 16
determine the cost. The court may also require the offender's 17
electronic home monitoring device include an alcohol detection 18
breathalyzer or other separate alcohol monitoring device, and may 19
restrict the amount of alcohol the offender may consume during the 20
time the offender is on electronic home monitoring; and21
(ii) By a fine of not less than $1,000 nor more than $5,000. 22
$1,000 of the fine may not be suspended unless the court finds the 23
offender to be indigent; ((or))24
(b) Penalty for alcohol concentration at least ((0.15)) 0.10. In 25
the case of a person whose alcohol concentration was at least 26
((0.15)) 0.10, or for whom by reason of the person's refusal to take 27
a test offered pursuant to RCW 46.20.308 there is no test result 28
indicating the person's alcohol concentration: 29
(i) By imprisonment for not less than 120 days nor more than 364 30
days, if available in that county or city, a six-month period of 24/7 31
sobriety program monitoring pursuant to RCW 36.28A.300 through 32
36.28A.390, and 150 days of electronic home monitoring. One hundred 33
twenty days of imprisonment and 150 days of electronic home 34
monitoring may not be suspended or converted unless the court finds 35
that the imposition of this mandatory minimum sentence would impose a 36
substantial risk to the offender's physical or mental well-being. If 37
the offender shows that the imposition of this mandatory minimum 38
sentence would impose a substantial risk to the offender's physical 39
or mental well-being, in lieu of the mandatory minimum term of 120 40
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days of imprisonment and 150 days of electronic home monitoring, the 1
court may order 360 days of electronic home monitoring or a 360-day 2
period of 24/7 sobriety monitoring pursuant to RCW 36.28A.300 through 3
36.28A.390. Whenever the mandatory minimum sentence is suspended or 4
converted, the court shall state in writing the reason for granting 5
the suspension or conversion and the facts upon which the suspension 6
or conversion is based. The offender shall pay for the cost of the 7
electronic monitoring. The court shall order an expanded substance 8
use disorder assessment and treatment, if deemed appropriate by the 9
assessment. The county or municipality where the penalty is being 10
imposed shall determine the cost. The court may also require the 11
offender's electronic home monitoring device include an alcohol 12
detection breathalyzer or other separate alcohol monitoring device, 13
and may restrict the amount of alcohol the offender may consume 14
during the time the offender is on electronic home monitoring; and15
(ii) By a fine of not less than $1,500 nor more than $5,000. 16
$1,500 ((dollars)) of the fine may not be suspended unless the court 17
finds the offender to be indigent; or18
(c) Penalty for alcohol concentration at least 0.12. In the case 19
of a person whose alcohol concentration was at least 0.12, or for 20
whom by reason of the person's refusal to take a test offered 21
pursuant to RCW 46.20.308, there is no test result indicating the 22
person's alcohol concentration:23
(i) By imprisonment for not less than 120 days nor more than 364 24
days, if available in that county or city, a six-month period of 24/7 25
sobriety program monitoring pursuant to RCW 36.28A.300 through 26
36.28A.390, and 150 days of electronic home monitoring. 120 days of 27
imprisonment and 150 days of electronic home monitoring may not be 28
suspended or converted unless the court finds that the imposition of 29
this mandatory minimum sentence would impose a substantial risk to 30
the offender's physical or mental well-being. If the offender shows 31
that the imposition of this mandatory minimum sentence would impose a 32
substantial risk to the offender's physical or mental well-being, in 33
lieu of the mandatory minimum term of 120 days of imprisonment and 34
150 days of electronic home monitoring, the court may order 360 days 35
of electronic home monitoring or a 360-day period of 24/7 sobriety 36
monitoring pursuant to RCW 36.28A.300 through 36.28A.390. Whenever 37
the mandatory minimum sentence is suspended or converted, the court 38
shall state in writing the reason for granting the suspension or 39
conversion and the facts upon which the suspension or conversion is 40
p. 7 SB 5742
based. The offender shall pay the cost of the electronic home 1
monitoring. The court shall order an expanded substance use disorder 2
assessment and treatment, if deemed appropriate by the assessment. 3
The county or municipality where the penalty is being imposed shall 4
determine the cost. The court may also require the offender's 5
electronic home monitoring device include an alcohol detection 6
breathalyzer or other separate alcohol monitoring device, and may 7
restrict the amount of alcohol the offender may consume during the 8
time the offender is on electronic home monitoring; and9
(ii) By a fine of not less than $1,500 nor more than $5,000. 10
$1,500 of the fine may not be suspended unless the court finds the 11
offender to be indigent. 12
(4) Three or more prior offenses in ((15)) 10 years. A person who 13
is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be 14
punished under chapter 9.94A RCW if: 15
(a) The person has three or more prior offenses within ((15)) 10 16
years; or 17
(b) The person has ever previously been convicted of:18
(i) A violation of RCW 46.61.520 committed while under the 19
influence of intoxicating liquor or any drug; 20
(ii) A violation of RCW 46.61.522 committed while under the 21
influence of intoxicating liquor or any drug; 22
(iii) An out-of-state offense comparable to the offense specified 23
in (b)(i) or (ii) of this subsection; or 24
(iv) A violation of RCW 46.61.502(6) or 46.61.504(6).25
(5) Monitoring. (a) Ignition interlock device. The court shall 26
require any person convicted of a violation of RCW 46.61.502 or 27
46.61.504 or an equivalent local ordinance to comply with the rules 28
and requirements of the department regarding the installation and use 29
of a functioning ignition interlock device installed on all motor 30
vehicles operated by the person. 31
(b) Monitoring devices. If the court orders that a person refrain 32
from consuming any alcohol, the court may order the person to submit 33
to alcohol monitoring through an alcohol detection breathalyzer 34
device, transdermal sensor device, or other technology designed to 35
detect alcohol in a person's system. The person shall pay for the 36
cost of the monitoring, unless the court specifies that the cost of 37
monitoring will be paid with funds that are available from an 38
alternative source identified by the court. The county or 39
p. 8 SB 5742
municipality where the penalty is being imposed shall determine the 1
cost. 2
(c) 24/7 sobriety program monitoring. In any county or city where 3
a 24/7 sobriety program is available and verified by the Washington 4
association of sheriffs and police chiefs, the court shall:5
(i) Order the person to install and use a functioning ignition 6
interlock or other device in lieu of such period of 24/7 sobriety 7
program monitoring; 8
(ii) Order the person to a period of 24/7 sobriety program 9
monitoring pursuant to subsections (1) through (3) of this section; 10
or 11
(iii) Order the person to install and use a functioning ignition 12
interlock or other device in addition to a period of 24/7 sobriety 13
program monitoring pursuant to subsections (1) through (3) of this 14
section. 15
(6) Penalty for having a minor passenger in vehicle. If a person 16
who is convicted of a violation of RCW 46.61.502 or 46.61.504 17
committed the offense while one or more passengers under the age of 18
16 were in the vehicle, the court shall: 19
(a) Order the use of an ignition interlock or other device for an 20
additional 12 months for each passenger under the age of 16 when the 21
person is subject to the penalties under subsection (1)(a), (2)(a), 22
or (3)(a) of this section; and order the use of an ignition interlock 23
device for an additional 18 months for each passenger under the age 24
of 16 when the person is subject to the penalties under subsection 25
(1)(((b))) (c), (2)(((b))) (c), (3)(b), or (4) of this section;26
(b) In any case in which the person has no prior offenses within 27
seven years, and except as provided in RCW 46.61.502(6) or 28
46.61.504(6), order an additional 24 hours of imprisonment to be 29
served consecutively for each passenger under the age of 16, and a 30
fine of not less than $1,000 and not more than $5,000 for each 31
passenger under the age of 16. $1,000 of the fine for each passenger 32
under the age of 16 may not be suspended unless the court finds the 33
offender to be indigent; 34
(c) In any case in which the person has one prior offense within 35
seven years, and except as provided in RCW 46.61.502(6) or 36
46.61.504(6), order an additional five days of imprisonment to be 37
served consecutively for each passenger under the age of 16, and a 38
fine of not less than $2,000 and not more than $5,000 for each 39
passenger under the age of 16. One thousand dollars of the fine for 40
p. 9 SB 5742
each passenger under the age of 16 may not be suspended unless the 1
court finds the offender to be indigent; 2
(d) In any case in which the person has two prior offenses within 3
seven years, and except as provided in RCW 46.61.502(6) or 4
46.61.504(6), order an additional ten days of imprisonment to be 5
served consecutively for each passenger under the age of 16, and a 6
fine of not less than $3,000 and not more than $10,000 for each 7
passenger under the age of 16. $1,000 of the fine for each passenger 8
under the age of 16 may not be suspended unless the court finds the 9
offender to be indigent. 10
(7) Other items courts must consider while setting penalties. In 11
exercising its discretion in setting penalties within the limits 12
allowed by this section, the court shall particularly consider the 13
following: 14
(a) Whether the person's driving at the time of the offense was 15
responsible for injury or damage to another or another's property;16
(b) Whether at the time of the offense the person was driving or 17
in physical control of a vehicle with one or more passengers;18
(c) Whether the driver was driving in the opposite direction of 19
the normal flow of traffic on a multiple lane highway, as defined by 20
RCW 46.04.350, with a posted speed limit of 45 miles per hour or 21
greater; and 22
(d) Whether a child passenger under the age of 16 was an occupant 23
in the driver's vehicle. 24
(8) Treatment and information school. An offender punishable 25
under this section is subject to the substance use disorder 26
assessment and treatment provisions of RCW 46.61.5056.27
(9) Driver's license privileges of the defendant. (a) The 28
license, permit, or nonresident privilege of a person convicted of 29
driving or being in physical control of a motor vehicle while under 30
the influence of intoxicating liquor or drugs must:31
(i) Penalty for alcohol concentration less than 0.15. If the 32
person's alcohol concentration was less than 0.15, or if for reasons 33
other than the person's refusal to take a test offered under RCW 34
46.20.308 there is no test result indicating the person's alcohol 35
concentration: 36
(A) Where there has been no prior offense within seven years, be 37
suspended or denied by the department for 90 days or until the person 38
is evaluated by a substance use disorder agency or probation 39
department pursuant to RCW 46.20.311 and the person completes or is 40
p. 10 SB 5742
enrolled in a 90-day period of 24/7 sobriety program monitoring. In 1
no circumstances shall the license suspension be for fewer than two 2
days; 3
(B) Where there has been one prior offense within seven years, be 4
revoked or denied by the department for two years or until the person 5
is evaluated by a substance use disorder agency or probation 6
department pursuant to RCW 46.20.311 and the person completes or is 7
enrolled in a six-month period of 24/7 sobriety program monitoring. 8
In no circumstances shall the license suspension be for less than one 9
year; or 10
(C) Where there have been two or more prior offenses within seven 11
years, be revoked or denied by the department for three years;12
(ii) Penalty for alcohol concentration at least 0.15. If the 13
person's alcohol concentration was at least 0.15: 14
(A) Where there has been no prior offense within seven years, be 15
revoked or denied by the department for one year or until the person 16
is evaluated by a substance use disorder agency or probation 17
department pursuant to RCW 46.20.311 and the person completes or is 18
enrolled in a one hundred twenty day period of 24/7 sobriety program 19
monitoring. In no circumstances shall the license revocation be for 20
fewer than four days; 21
(B) Where there has been one prior offense within seven years, be 22
revoked or denied by the department for 900 days; or23
(C) Where there have been two or more prior offenses within seven 24
years, be revoked or denied by the department for four years; or25
(iii) Penalty for refusing to take test. If by reason of the 26
person's refusal to take a test offered under RCW 46.20.308, there is 27
no test result indicating the person's alcohol concentration:28
(A) Where there have been no prior offenses within seven years, 29
be revoked or denied by the department for two years;30
(B) Where there has been one prior offense within seven years, be 31
revoked or denied by the department for three years; or32
(C) Where there have been two or more previous offenses within 33
seven years, be revoked or denied by the department for four years.34
(b)(i) The department shall grant credit on a day-for-day basis 35
for a suspension, revocation, or denial imposed under this subsection 36
(9) for any portion of a suspension, revocation, or denial already 37
served under RCW 46.20.3101 arising out of the same incident.38
(ii) If a person has already served a suspension, revocation, or 39
denial under RCW 46.20.3101 for a period equal to or greater than the 40
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period imposed under this subsection (9), the department shall 1
provide notice of full credit, shall provide for no further 2
suspension or revocation under this subsection provided the person 3
has completed the requirements under RCW 46.20.311 and paid the 4
probationary license fee under RCW 46.20.355 by the date specified in 5
the notice under RCW 46.20.245, and shall impose no additional 6
reissue fees for this credit. 7
(c) Upon receipt of a notice from the court under RCW 36.28A.390 8
that a participant has been removed from a 24/7 sobriety program, the 9
department must resume any suspension, revocation, or denial that had 10
been terminated early under this subsection due to participation in 11
the program, granting credit on a day-for-day basis for any portion 12
of a suspension, revocation, or denial already served under RCW 13
46.20.3101 or this section arising out of the same incident.14
(d) Upon its own motion or upon motion by a person, a court may 15
find, on the record, that notice to the department under RCW 16
46.20.270 has been delayed for three years or more as a result of a 17
clerical or court error. If so, the court may order that the person's 18
license, permit, or nonresident privilege shall not be revoked, 19
suspended, or denied for that offense. The court shall send notice of 20
the finding and order to the department and to the person. Upon 21
receipt of the notice from the court, the department shall not 22
revoke, suspend, or deny the license, permit, or nonresident 23
privilege of the person for that offense. 24
(e) For purposes of this subsection (9), the department shall 25
refer to the driver's record maintained under RCW 46.52.120 when 26
determining the existence of prior offenses. 27
(10) Probation of driving privilege. After expiration of any 28
period of suspension, revocation, or denial of the offender's 29
license, permit, or privilege to drive required by this section, the 30
department shall place the offender's driving privilege in 31
probationary status pursuant to RCW 46.20.355. 32
(11) Conditions of probation. (a) In addition to any 33
nonsuspendable and nondeferrable jail sentence required by this 34
section, whenever the court imposes up to 364 days in jail, the court 35
shall also suspend but shall not defer a period of confinement for a 36
period not exceeding five years. The court shall impose conditions of 37
probation that include: (i) Not driving a motor vehicle within this 38
state without a valid license to drive; (ii) not driving a motor 39
vehicle within this state without proof of liability insurance or 40
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other financial responsibility for the future pursuant to RCW 1
46.30.020; (iii) not driving or being in physical control of a motor 2
vehicle within this state while having an alcohol concentration of 3
0.08 or more or a THC concentration of 5.00 nanograms per milliliter 4
of whole blood or higher, within two hours after driving; (iv) not 5
refusing to submit to a test of his or her breath or blood to 6
determine alcohol or drug concentration upon request of a law 7
enforcement officer who has reasonable grounds to believe the person 8
was driving or was in actual physical control of a motor vehicle 9
within this state while under the influence of intoxicating liquor or 10
drug; and (v) not driving a motor vehicle in this state without a 11
functioning ignition interlock device as required by the department 12
under RCW 46.20.720. The court may impose conditions of probation 13
that include nonrepetition, installation of an ignition interlock 14
device on the probationer's motor vehicle, substance use disorder 15
treatment, supervised probation, or other conditions that may be 16
appropriate. The sentence may be imposed in whole or in part upon 17
violation of a condition of probation during the suspension period.18
(b) For each violation of mandatory conditions of probation under 19
(a)(i), (ii), (iii), (iv), or (v) of this subsection, the court shall 20
order the convicted person to be confined for 30 days, which shall 21
not be suspended or deferred. 22
(c)(i) Except as provided in (c)(ii) of this subsection, for each 23
incident involving a violation of a mandatory condition of probation 24
imposed under this subsection, the license, permit, or privilege to 25
drive of the person shall be suspended by the court for 30 days or, 26
if such license, permit, or privilege to drive already is suspended, 27
revoked, or denied at the time the finding of probation violation is 28
made, the suspension, revocation, or denial then in effect shall be 29
extended by 30 days. The court shall notify the department of any 30
suspension, revocation, or denial or any extension of a suspension, 31
revocation, or denial imposed under this subsection. The person may 32
apply for an ignition interlock driver's license under RCW 46.20.385 33
during the suspension period. 34
(ii) For each incident involving a violation of RCW 35
46.20.342(1)(c), the court has discretion not to impose a suspension 36
when the person provides the court with proof that the violation has 37
been cured within 30 days. The court is not required to notify the 38
department of the violation unless it is not cured within 30 days.39
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(12) Waiver of electronic home monitoring. A court may waive the 1
electronic home monitoring requirements of this chapter when:2
(a) The offender does not have a dwelling, telephone service, or 3
any other necessity to operate an electronic home monitoring system. 4
However, if a court determines that an alcohol monitoring device 5
utilizing wireless reporting technology is reasonably available, the 6
court may require the person to obtain such a device during the 7
period of required electronic home monitoring; 8
(b) The offender does not reside in the state of Washington; or9
(c) The court determines that there is reason to believe that the 10
offender would violate the conditions of the electronic home 11
monitoring penalty. 12
Whenever the mandatory minimum term of electronic home monitoring 13
is waived, the court shall state in writing the reason for granting 14
the waiver and the facts upon which the waiver is based, and shall 15
impose an alternative sentence with similar punitive consequences. 16
The alternative sentence may include, but is not limited to, use of 17
an ignition interlock device, the 24/7 sobriety program monitoring, 18
additional jail time, work crew, or work camp. 19
Whenever the combination of jail time and electronic home 20
monitoring or alternative sentence would exceed 364 days, the 21
offender shall serve the jail portion of the sentence first, and the 22
electronic home monitoring or alternative portion of the sentence 23
shall be reduced so that the combination does not exceed 364 days.24
(13) Extraordinary medical placement. An offender serving a 25
sentence under this section, whether or not a mandatory minimum term 26
has expired, may be granted an extraordinary medical placement by the 27
jail administrator subject to the standards and limitations set forth 28
in RCW 9.94A.728(1)(c). 29
(14) Definitions. For purposes of this section and RCW 46.61.502 30
and 46.61.504: 31
(a) A "prior offense" means any of the following:32
(i) A conviction for a violation of RCW 46.61.502 or an 33
equivalent local ordinance; 34
(ii) A conviction for a violation of RCW 46.61.504 or an 35
equivalent local ordinance; 36
(iii) A conviction for a violation of RCW 46.25.110 or an 37
equivalent local ordinance; 38
(iv) A conviction for a violation of RCW 79A.60.040(2) or an 39
equivalent local ordinance; 40
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(v) A conviction for a violation of RCW 79A.60.040(1) or an 1
equivalent local ordinance committed in a reckless manner if the 2
conviction is the result of a charge that was originally filed as a 3
violation of RCW 79A.60.040(2) or an equivalent local ordinance;4
(vi) A conviction for a violation of RCW 47.68.220 or an 5
equivalent local ordinance committed while under the influence of 6
intoxicating liquor or any drug; 7
(vii) A conviction for a violation of RCW 47.68.220 or an 8
equivalent local ordinance committed in a careless or reckless manner 9
if the conviction is the result of a charge that was originally filed 10
as a violation of RCW 47.68.220 or an equivalent local ordinance 11
while under the influence of intoxicating liquor or any drug;12
(viii) A conviction for a violation of RCW 46.09.470(2) or an 13
equivalent local ordinance; 14
(ix) A conviction for a violation of RCW 46.10.490(2) or an 15
equivalent local ordinance; 16
(x) A conviction for a violation of RCW 46.61.520 committed while 17
under the influence of intoxicating liquor or any drug, or a 18
conviction for a violation of RCW 46.61.520 committed in a reckless 19
manner or with the disregard for the safety of others if the 20
conviction is the result of a charge that was originally filed as a 21
violation of RCW 46.61.520 committed while under the influence of 22
intoxicating liquor or any drug; 23
(xi) A conviction for a violation of RCW 46.61.522 committed 24
while under the influence of intoxicating liquor or any drug, or a 25
conviction for a violation of RCW 46.61.522 committed in a reckless 26
manner or with the disregard for the safety of others if the 27
conviction is the result of a charge that was originally filed as a 28
violation of RCW 46.61.522 committed while under the influence of 29
intoxicating liquor or any drug; 30
(xii) A conviction for a violation of RCW 46.61.5249, 46.61.500, 31
or 9A.36.050 or an equivalent local ordinance, if the conviction is 32
the result of a charge that was originally filed as a violation of 33
RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of 34
RCW 46.61.520 or 46.61.522; 35
(xiii) An out-of-state conviction for a violation that would have 36
been a violation of (a)(i), (ii), (x), (xi), or (xii) of this 37
subsection if committed in this state; 38
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(xiv) A deferred prosecution under chapter 10.05 RCW granted in a 1
prosecution for a violation of RCW 46.61.502, 46.61.504, or an 2
equivalent local ordinance; 3
(xv) A deferred prosecution under chapter 10.05 RCW granted in a 4
prosecution for a violation of RCW 46.61.5249, or an equivalent local 5
ordinance, if the charge under which the deferred prosecution was 6
granted was originally filed as a violation of RCW 46.61.502 or 7
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 8
46.61.522; 9
(xvi) A deferred prosecution granted in another state for a 10
violation of driving or having physical control of a vehicle while 11
under the influence of intoxicating liquor or any drug if the out-of-12
state deferred prosecution is equivalent to the deferred prosecution 13
under chapter 10.05 RCW, including a requirement that the defendant 14
participate in a chemical dependency treatment program; or15
(xvii) A deferred sentence imposed in a prosecution for a 16
violation of RCW 46.61.5249, 46.61.500, or 9A.36.050, or an 17
equivalent local ordinance, if the charge under which the deferred 18
sentence was imposed was originally filed as a violation of RCW 19
46.61.502 or 46.61.504, or an equivalent local ordinance, or a 20
violation of RCW 46.61.520 or 46.61.522; 21
If a deferred prosecution is revoked based on a subsequent 22
conviction for an offense listed in this subsection (14)(a), the 23
subsequent conviction shall not be treated as a prior offense of the 24
revoked deferred prosecution for the purposes of sentencing;25
(b) "Treatment" means substance use disorder treatment licensed 26
or certified by the department of health; 27
(c) "Within seven years" means that the arrest for a prior 28
offense occurred within seven years before or after the arrest for 29
the current offense; and 30
(d) "Within 15 years" means that the arrest for a prior offense 31
occurred within 15 years before or after the arrest for the current 32
offense. 33
(15) All fines imposed by this section apply to adult offenders 34
only. 35
NEW SECTION. Sec. 2. A new section is added to chapter 66.08 36
RCW to read as follows: 37
(1) The Washington state institute for public policy must conduct 38
an evaluation of the impacts of this act during the first two years 39
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of implementation. By March 1, 2029, the institute must submit a 1
report to the appropriate committees of the legislature detailing the 2
results of its evaluation. The evaluation must include, but is not 3
limited to, the impact of this act on: 4
(a) The number of serious and fatal traffic crashes;5
(b) Driving under the influence arrests and adjudications for 6
driving under the influence offenses; 7
(c) Equity outcomes on overburdened communities as defined in RCW 8
70A.02.010; 9
(d) Sales and other business effects on the hospitality industry 10
in the state; and 11
(e) Sales and other business effects on breweries, wineries, and 12
distilleries in the state. 13
(2) This section expires November 1, 2029. 14
NEW SECTION. Sec. 3. This act takes effect July 1, 2026.15
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