HomeMy WebLinkAbout1994-031 Driving Under the Influence I
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ORDINANCE NO. 94-
• AN ORDINANCE relating to traffic, creating new penalties for the charge of
driving under the influence, allowing for administrative license
suspension, and enacting as new sections Section 9 46 021,
9 46.022, 9 46.023, 9 46.024, 9 46.025, 9 46.026, 9 46.027, and 9 46.028,
and repealing Section 9 50 010 all of the City of Yakima Municipal
Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 9 46 021 is hereby enacted as a new section, of the City of
Yakima Municipal Code to read as follows:
"9.46.021 First offense DUI or physical control penalties.
(1) A person whose driver's license is not in a probationary,
suspended, or revoked status, and who has not been convicted of a
violation of RCW 46 61 502 or 46 61 504 that was committed within five
years before the commission of the current violation, and who violates
RCW 46 61 502(1)(a) or 46 61 504(1)(a) because of an alcohol
concentration of at least 0 10 but less than 0 15, or a person who violates
RCW 46 61 502(1)(b) or (c) or 46 61 504(1)(b) or (c) and for any reason
other than the person's refusal to take a test offered pursuant to RCW
46 20 308 the person's alcohol concentration is not proved, is guilty of a
gross misdemeanor and shall be punished as follows.
(a) By imprisonment for not less than one day nor more than
410 one year Twenty-four consecutive hours of the imprisonment may not
be suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would impose a substantial risk to
the offender's physical or mental well- being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based, and
(b) By a fine of not less than three hundred fifty dollars nor
more than five thousand dollars. Three hundred fifty dollars of the fine
may not be suspended or deferred unless the court finds the offender to
be indigent; and
(c) By suspension of the offender's license or permit to drive,
or suspension of any nonresident privilege to drive, for a period of
ninety days. The court may suspend all or part of the ninety-day period
of suspension upon a plea agreement executed by the defendant and the
prosecutor The court shall notify the department of licensing of the
conviction and of any period of suspension and shall notify the
department of the person's completion of any period of suspension.
Upon receiving notification of the conviction, or if applicable, upon
receiving notification of the completion of any period of suspension,
the department shall issue the offender a probationary license in
accordance with section 8 of Chapter 275, Laws of 1994
(2) A person whose driver's license is not in a probationary,
suspended, or revoked status, and who has not been convicted of a
violation of RCW 46 61 502 or 46 61 504 that was committed within five
years before the commission of the current violation, and who either.
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(a) Violates RCW 46 61.502(1)(a) or 46 61 504(1)(a) because of
an alcohol concentration of 0 15 or more; or
(b) Violates RCW 46 61 502(1)(b) or (c) or 46.61.504(1)(b) or (c)
411
and, because of the person's refusal to take a test offered pursuant to
RCW 46 20 308, there is no test result indicating the person's alcohol
concentration, is guilty of a gross misdemeanor and shall be punished
as follows.
(i) By imprisonment for not less than two days nor more than
one year Forty -eight consecutive hours of the imprisonment may not
be suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would impose a substantial risk to
the offender's physical or mental well- being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based, and
(ii) By a fine of not less than five hundred dollars nor more
than five thousand dollars. Five hundred dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent; and
(iii) By suspension by the department of the offender's license
or permit to drive, or suspension of any nonresident privilege to drive,
for a period of one hundred twenty days. The court shall notify the
department of the conviction, and upon receiving notification of the
conviction the department shall suspend the offender's license and
shall issue the offender a probationary license in accordance with
section 8 of Chapter 275, Laws of 1994
(3) In exercising its discretion in setting penalties within the
limits allowed by this section, the court shall particularly consider
whether the person's driving at the time of the offense was responsible
for injury or damage to another or another's property
(4) Upon conviction under this section, the offender's driver's
license is deemed to be in a probationary status for five years from the
date of the issuance of a probationary license under section 8 of Chapter
275, Laws of 1994 Being on probationary status does not authorize a
person to drive during any period of license suspension imposed as a
penalty for the infraction.
(5) An offender punishable under this section is subject to the
alcohol assessment and treatment provisions of section 9 of Chapter 275,
Laws of 1994
(6) (a) In addition to any nonsuspendable and
nondeferrable jail sentence required by this section, whenever the
court imposes less than one year in jail, the court shall also suspend but
shall not defer a period of confinement for a period not exceeding two
years. The court shall impose conditions of probation that include. (i)
Not driving a motor vehicle within this state without a valid license to
drive and proof of financial responsibility for the future, (ii) not
driving a motor vehicle within this state while having an alcohol
concentration of 0 08 or more within two hours after driving; and (iii)
not refusing to submit to a test of his or her breath or blood to
determine alcohol concentration upon request of a law enforcement
officer who has reasonable grounds to believe the person was driving
or was in actual physical control of a motor vehicle within this state
while under the influence of intoxicating liquor The court may impose
conditions of probation that include nonrepetition, alcohol or drug
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treatment, supervised probation, or other conditions that may be
• appropriate. The sentence may be imposed in whole or in part upon
violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation
under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court
shall order the convicted person to be confined for thirty days, which
shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory
condition of probation imposed under this subsection, the license,
permit, or privilege to drive of the person shall be suspended by the
court for thirty days or, if such license, permit, or privilege to drive
already is suspended, revoked, or denied at the time the finding of
probation violation is made, the suspension, revocation, or denial then
in effect shall be extended by thirty days. The court shall notify the
department of any suspension, revocation, or denial or any extension of
a suspension, revocation, or denial imposed under this subsection."
Section 2 Section 9 46 022 is hereby enacted as a new section of the City of
Yakima Municipal Code to read as follows.
"9.46.022 DUI or physical control while driver's license on
probationary status -- Penalties.
(1) A person whose driver's license is in a probationary status
and who violates RCW 46 61 502(1) (a) or 46 61 504(1) (a) because of an
alcohol concentration of at least 0 10 but less than 0 15 is guilty of a
• gross misdemeanor and shall be punished as follows:
(a) By imprisori`ment for not less than seven days nor more
than one year Seven consecutive days of the imprisonment may not be
suspended or deferred unless ,the court finds that the imposition of this
mandatory minimum sentence would pose a substantial risk to the
offender's physical or mental well -being Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based, and
(b) By a fine of not less than five hundred dollars nor more
than five thousand dollars. Five hundred dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent; and
(c) By suspension of the offender's license or permit to drive,
or suspension of any nonresident privilege to drive, for a period of one
year The court shall notify the department of the conviction, and upon
receiving notification the department shall suspend the offender's
license and shall issue the offender a probationary license in
accordance with section 8 of Chapter 275, Laws of 1994
(2) A person whose driver's license is in a probationary status
and who either
(a) Violates RCW 46.61 502(1)(a) or 46 61 504(1)(a) because of
an alcohol concentration of 0 15 or more; or
(b) Violates RCW 46 61.502(1)(b) or (c) or 46.61 504(1)(b) or (c)
and, because of the person's refusal to take a test offered pursuant to
RCW 46 20 308, there is no test result indicating the person's alcohol
concentration, is guilty of a gross misdemeanor and shall be punished
• as follows.
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(i) By imprisonment for not less than ten days nor more than
one year Ten consecutive days of the imprisonment may not be
suspended or deferred unless the court finds that the imposition of this
mandatory minimum sentence would pose a substantial risk to the
offender's physical or mental well- being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based, and
(ii) By a fine of not less than seven hundred fifty dollars nor
more than five thousand dollars. Seven hundred fifty dollars of the fine
may not be suspended or deferred unless the court finds the offender to
be indigent; and
(iii) By revocation of the offender's license or permit to drive
or of any nonresident privilege to drive, for a period of four hundred
fifty days. The court shall notify the department of the conviction, and
upon receiving notification of the conviction the department shall
revoke the offender's license, and upon determining that the offender
is otherwise qualified in accordance with RCW 46 20 311, the department
shall issue the offender a probationary license in accordance with
section 8 of Chapter 275, Laws of 1994
(3) In exercising its discretion in setting penalties within the
limits allowed by this section, the court shall particularly consider
whether the person's driving at the time of the offense was responsible
for injury or damage to another or another's property
(4) An offender punishable under this section is subject to the
alcohol assessment and treatment provisions of section 9 of Chapter 275,
Laws of 1994 An offender punishable under subsection (1) or (2) of
this section is subject to the vehicle seizure and forfeiture provisions of
RCW 46 61 511 No offender punishable under this section is eligible for
an occupational license under RCW 46 20 391
(5) (a) In addition to any nonsuspendable and
nondeferrable jail sentence required by this section, whenever the
court imposes less than one year in jail, the court shall also suspend but
shall not defer a period of confinement for a period not exceeding two
years. The court shall impose conditions of probation that include: (i)
Not driving a motor vehicle within this state without a valid license to
drive and proof of financial responsibility for the future, (ii) not
driving a motor vehicle within this state while having an alcohol
concentration of 0 08 or more within two hours after driving; and (iii)
not refusing to submit to a test of his or her breath or blood to
determine alcohol concentration upon request of a law enforcement
officer who has reasonable grounds to believe the person was driving
or was in actual physical control of a motor vehicle within this state
while under the influence of intoxicating liquor The court may impose
conditions of probation that include nonrepetition, alcohol or drug
treatment, supervised probation, or other conditions that may be
appropriate. The sentence may be imposed in whole or in part upon
violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation
under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court
shall order the convicted person to be confined for thirty days, which
shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory
condition of probation imposed under this subsection, the license,
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<t- .' . :ass, r 4;;,: ;1 > ..
permit, or privilege to drive of the person shall be suspended by the
court for thirty days or, if such license, permit, or privilege to drive
already is suspended, revoked, or denied at the time the finding of
probation violation is made, the suspension, revocation, or denial then
in effect shall be extended by thirty days. The court shall notify the
department of any suspension, revocation, or denial or any extension of
a suspension, revocation, or denial imposed under this subsection."
Section 3 Section 9 46 023 is hereby enacted as a new section of the City of
Yakima Municipal Code to read as follows.
"9.46.023 Second conviction DUI or physical control or
conviction while license suspended -- Penalties.
(1) A person who violates RCW 46 61 502 or 46 61 504 and who
either has a driver's license in a suspended or revoked status or who has
been convicted under YMC 9 46 022 or RCW 46 61 502 or 46.61 504 of an
offense that was committed within five years before the commission of
the current violation, is guilty of a gross misdemeanor and shall be
punished as follows:
(a) By imprisonment for not less than ninety days nor more
than one year Ninety consecutive days of the imprisonment may not
be suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would pose a substantial risk to the
offender's physical or mental well -being Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based, and
(b) By a fine of not less than seven hundred fifty dollars nor
more than five thousand dollars. Seven hundred fifty dollars of the fine
may not be suspended or deferred unless the court finds the offender to
be indigent; and
(c) By revocation by the department of licensing of the
offender's license or permit to drive or of any nonresident privilege to
drive, for a period of two years. The court shall notify the department
of the conviction, and upon receiving notification of the conviction the
department shall revoke the offender's license Following the
revocation and upon determining that the offender is otherwise
qualified in accordance with RCW 46 20 311, the department shall issue
the offender a probationary license in accordance with section 8 of
Chapter 275, Laws of 1994
(2) In exercising its discretion in setting penalties within the
limits allowed by this section, the court shall particularly consider
whether the person's driving at the time of the offense was responsible
for injury or damage to another or another's property
, (3) An offender punishable under this section is subject to the
alcohol assessment and treatment provisions of section 9 of Chapter 275,
Laws of 1994 An offender punishable under this section is subject to
the vehicle seizure and forfeiture provisions of RCW 46 61 511 No
offender punishable under this section is eligible for an occupational
license under RCW 46.20.391
(4) (a) In addition to any nonsuspendable and
• nondeferrable jail sentence required by this section, whenever the
court imposes less than one year in jail, the court shall also suspend but
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shall not defer a period of confinement for a period not exceeding two
years. The court shall impose conditions of probation that include: (i)
Not driving a motor vehicle within this state without a valid license to
drive and proof of financial responsibility for the future, (ii) not
driving a motor vehicle within this state while having an alcohol
concentration of 0 08 or more within two hours after driving; and (iii)
not refusing to submit to a test of his or her breath or blood to
determine alcohol concentration upon request of a law enforcement
officer who has reasonable grounds to believe the person was driving
or was in actual physical control of a motor vehicle within this state
while under the influence of intoxicating liquor The court may impose
conditions of probation that include nonrepetition, alcohol or drug
treatment, supervised probation, or other conditions that may be
appropriate. The sentence may be imposed in whole or in part upon
violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation
under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court
shall order the convicted person to be confined for thirty days, which
shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory
condition of probation imposed under this subsection, the license,
permit, or privilege to drive of the person shall be suspended by the
court for thirty days or, if such license, permit, or privilege to drive
already is suspended, revoked, or denied at the time the finding of
probation violation is made, the suspension, revocation, or denial then
in effect shall be extended by thirty days. The court shall notify the
department of any suspension, revocation, or denial or any extension of
a suspension, revocation, or denial imposed under this subsection."
Section 4 Section 9 46.024 is hereby enacted as a new section of the City of
Yakima Municipal Code to read as follows.
"9 46 024 DUI assessment.
(1) (a) In addition to penalties set forth in sections 4
through 6 of Chapter 275, Laws of 1994, a one hundred twenty -five
dollar fee shall be assessed to a person who is either convicted,
sentenced to a lesser charge, or given deferred prosecution, as a result
of an arrest for violating RCW 46 61 502, 46.61.504, 46.61.520, or 46.61.522
This fee is for the purpose of funding the Washington state toxicology
laboratory and the Washington state patrol breath test program.
(b) Upon a verified petition by the person assessed the fee, the
court may suspend payment of all or part of the fee if it finds that the
person does not have the ability to pay
(c) When a minor has been adjudicated a juvenile offender for
an offense which, if committed by an adult, would constitute a violation
of RCW 46 61.502, 46 61.504, 46 61 520, or 46.61 522, the court shall assess
the one hundred twenty-five dollar fee under (a) of this subsection.
Upon a verified petition by a minor assessed the fee, the court may
suspend payment of all or part of the fee if it finds that the minor does
not have the ability to pay the fee.
(2) The fee assessed under subsection (1) of this section shall
be collected by the clerk of the court and distributed as follows:
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(a) Forty percent shall be subject to distribution under RCW
3 46 120, 3.50 100, 35.20.220, 3 62 020, 3 62 040, or 10.82 070
(b) If the case involves a blood test by the state toxicology
laboratory, the remainder of the fee shall be forwarded to the state
treasurer for deposit in the death investigations account to be used
solely for funding the state toxicology laboratory blood testing program.
(c) Otherwise, the remainder of the fee shall be forwarded to
the state treasurer for deposit in the state patrol highway account to be
used solely for funding the Washington state patrol breath test
program."
Section 5 Section 9 46.025 is hereby enacted as a new section, of the City of
Yakima Municipal Code to read as follows:
"9.46.025 Administrative revocation.
(1) Notwithstanding any other provision of this title, a person
under the age of twenty-one may not drive, operate, or be in physical
control of a motor vehicle while having alcohol in his or her system in
a concentration of 0.02 or above.
(2) A person under the age of twenty-one who drives or is in
physical control of a motor vehicle within this state is deemed to have
given consent, subject to the relevant portions of RCW 46 61 506, to be
detained long enough, and be transported if necessary, to take a test or
tests of that person's blood or breath for the purpose of determining the
alcohol concentration in his or her system.
41) (3) A test or tests may be administered at the direction of a law
enforcement officer, who after stopping or detaining the driver, has
reasonable grounds to believe that the driver was driving or in actual
physical control of a motor vehicle while having alcohol in his or her
system.
(4) The law enforcement officer requesting the test or tests
under subsection (2) of this section shall warn the person requested to
submit to the test that a refusal to submit will result in that person's
driver's license or driving privilege being revoked.
(5) If the person refuses testing, or submits to a test that
discloses an alcohol concentration of 0 02 or more, the law enforcement
officer shall.
(a) Serve the person notice in writing on behalf of the
department of licensing of its intention to suspend, revoke, or deny the
person's license, permit, or privilege to drive;
(b) Serve the person notice in writing on behalf of the
department of licensing of the person's right to a hearing, specifying
the steps required to obtain a hearing;
(c) Confiscate the person's Washington State license or permit
to drive, if any, and issue a temporary license to replace any confiscated
license or permit. The temporary license shall be valid for thirty days
from the date of the traffic stop or until the suspension or revocation of
the person's license or permit is sustained at a hearing as provided by
subsection (7) of this section, whichever occurs first. No temporary
license is valid to any greater degree than the license or permit it
replaces;
• (d) Notify the department of licensing of the traffic stop, and
transmit to the department any confiscated license or permit and a
sworn report stating:
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(i) That the officer had reasonable grounds to believe the
person was driving or in actual physical control of a motor vehicle
within this state with alcohol in his or her system;
(ii) That pursuant to this section a test of the person's alcohol
concentration was administered or that the person refused to be tested,
(iii) If administered, that the test indicated the person's alcohol
concentration was 0 02 or higher; and
(iv) Any other information that the department may require
by rule.
(6) Upon receipt of the sworn report of a law enforcement
officer under subsection (5) of this section, the department shall
suspend or revoke the driver's license or driving privilege beginning
thirty days from the date of the traffic stop or beginning when the
suspension, revocation, or denial is sustained at a hearing as provided
by subsection (7) of this section. Within fifteen days after notice of a
suspension or revocation has been given, the person may, in writing,
request a formal hearing. If such a request is not made within the
prescribed time, the right to a hearing is waived. Upon receipt of such
request, the department shall afford the person an opportunity for a
hearing as provided in RCW 46 20 329 and 46 20 332 The hearing shall
be conducted in the county of the arrest. For the purposes of this
section, 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 having alcohol in his or her system, whether the
person refused to submit to the test or tests upon request of the officer
after having been informed that the refusal would result in the
revocation of the person's driver's license or driving privilege, and, if
the test or tests of the person's breath or blood was administered,
whether the results indicated an alcohol concentration of 0 02 or more.
The department shall order that the suspension or revocation of the
person's driver's license or driving privilege either be rescinded or
sustained. Any decision by the department suspending or revoking a
person's driver's license or driving privilege is stayed and does not take
effect while a formal hearing is pending under this section or during
the pendency of a subsequent appeal to superior court so long as there
is no conviction for a moving violation or no finding that the person
has committed a traffic infraction that is a moving violation during the
pendency of the hearing and appeal. If the suspension or revocation of
the person's driver's license or driving privilege is sustained after the
hearing, the person may file a petition in the superior court of the
county of arrest to review the final order of suspension or revocation
by the department in the manner provided in RCW 46.20 334
(7) The department shall suspend or revoke the driver's
license or driving privilege of a person as required by this section as
follows:
(a) In the case of a person who has refused a test or tests.
(i) For a first refusal within five years, revocation for one
year;
(ii) For a second or subsequent refusal within five years,
revocation or denial for two years.
(b) In the case of an incident where a person has submitted to
a test or tests indicating an alcohol concentration of 0 02 or more:
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(i) For a first incident within five years, suspension for
ninety days,
(ii) For a second or subsequent incident within five years,
revocation for one year or until the person reaches age twenty-one
whichever occurs later
(8) For purposes of this section, 'alcohol concentration' means
(a) grams of alcohol per two hundred ten liters of a person's breath, or
(b) the percent by weight of alcohol in a person's blood."
Section 6 Section 9 46.026 is hereby enacted as a new section, of the City of
Yakima Municipal Code to read as follows:
"9 46.026 Officer's powers.
(1) Any person requested or signaled to stop by a law
enforcement officer pursuant to YMC 9 46.025 has a duty to stop.
(2) Whenever any person is stopped pursuant to YMC 9 46 025,
the officer may detain that person for a reasonable period of time
necessary to Identify the person, check the status of the person's
license, insurance identification card, and the vehicle's registration,
and transport the person, if necessary, to and administer a test or tests
to determine the alcohol concentration in the person's system.
(3) Any person requested to identify himself or herself to a
law enforcement officer pursuant to an investigation under YMC
9 46 025 has a duty to identify himself or herself, give his or her
current address, and sign an acknowledgment of receipt of the warning
required by YMC 9 46 025(4) and receipt of the notice and temporary
license issued under YMC 9 46 025(5) "
Section 7 Section 9 46 027 is hereby enacted as a n-w section, of the City of
Yakima Municipal Code to read as follows.
"9 46.027 Administrative revocation.
(1) This section applies to any person arrested for a violation
of RCW 46.61.502 or 46 61 504 who has an alcohol concentration of 0 10
or higher as shown by a test administered under RCW 46.20 308
(2) The arresting officer or other law enforcement officer at
whose direction the test was given shall.
(a) Serve the person notice in writing on behalf of the
department of licensing of its intention to suspend, revoke, or deny the
person's license, permit, or privilege to drive or to issue a probationary
license;
(b) Serve the person notice in writing on behalf of the
department of the person's right to a hearing, specifying the steps
required to obtain a hearing;
(c) Confiscate the person's Washington State license or permit
to drive, if any, and issue a temporary license to replace any confiscated
license or permit. The temporary license shall be valid for thirty days
from the date of arrest or until the suspension or revocation of the
person's license or permit, or the issuance of a probationary license, is
sustained at a hearing pursuant to subsection (5) of this section,
• whichever occurs first. If the person has not within the previous five
years committed an offense for which he or she was granted a deferred
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prosecution under Chapter 10 05 RCW, and within thirty days of the
arrest the person petitions a court for a deferred prosecution on
criminal charges arising out of the arrest, the court shall direct the
department to extend the period of the temporary license by at least an
additional thirty days but not more than an additional sixty days. 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, then the court
shall immediately direct the department to cancel any period of
extension of the temporary license. No temporary license is valid to any
greater degree than the license or permit it replaces;
(d) Notify the department of the arrest, and transmit to the
department any confiscated license or permit and a sworn report
stating:
(i) That the officer had reasonable grounds to believe the
arrested person was driving or in actual physical control of a motor
vehicle within this state while under the influence of intoxicating
liquor or drug, or both,
(ii) That pursuant to RCW 46 20 308 a test of the person's
alcohol concentration was administered,
(iii) That the test indicated that the person's alcohol
concentration was 0 10 or higher; and
(iv) Any other information that the department may require
by rule.
(3) Upon receipt of a sworn statement under subsection (2) of
this section, the department shall suspend, revoke, or deny the person's
license, permit, or driving privilege, or shall issue a probationary
license, effective beginning thirty days from the date of the arrest or
beginning when the suspension, revocation, denial, or issuance is
sustained at a hearing pursuant to subsection (5) of this section,
whichever occurs first. The suspension, revocation, or denial, or
issuance of a probationary license, shall be as follows:
(a) Upon receipt of a first sworn statement, issuance of a
probationary license under section 8 of Chapter 275, Laws of 1994,
(b) Upon receipt of a second or subsequent statement
indicating an arrest date that is within five years of the arrest date
indicated by a previous statement, revocation for two years.
(4) A person receiving notification under subsection (2) of
this section may, within five days after his or her arrest, request a
hearing before the department under subsection (5) of this section. The
request shall be in writing. The person shall pay a fee of one hundred
dollars as part of the request. If the request is mailed, it must be
postmarked within five days after the arrest.
(5) Upon timely receipt of a request and a one hundred dollar
fee under subsection (4) of this section, the department shall afford the
person an opportunity for a hearing. 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 arrest, except that all or part of the
hearing may, at the discretion of the department, by conducted by
telephone or other electronic means. The hearing shall be held within
thirty days following the arrest, unless otherwise agreed to by the
department and the person. The hearing shall cover the issues of:
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prosecution under Chapter 10 05 RCW, and within thirty days of the
arrest the person petitions , a court for a deferred prosecution on
criminal charges arising out of the arrest, the court shall direct the
department to extend the period of the temporary license by at least an
additional thirty days but not more than an additional sixty days. 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, then the court
shall immediately direct the department to cancel any period of
extension of the temporary license. No temporary license is valid to any
greater degree than the license or permit it replaces;
(d) Notify the department of the arrest, and transmit to the
department any confiscated license or permit and a sworn report
stating:
(i) That the officer had reasonable grounds to believe the
arrested person was driving or in actual physical control of a motor
vehicle within this state while under the influence of intoxicating
liquor or drug, or both,
(ii) That pursuant to RCW 46 20 308 a test of the person's
alcohol concentration was administered,
(iii) That the test indicated that the person's alcohol
concentration was 0 10 or higher; and
(iv) Any other information that the department may require
by rule.
(3) Upon receipt of a sworn statement under subsection (2) of
this section, the department shall suspend, revoke, or deny the person's
license, permit, or driving privilege, or shall issue a probationary
license, effective beginning thirty days from the date of the arrest or
beginning when the suspension, revocation, denial, or issuance is
sustained at a hearing pursuant to subsection (5) of this section,
whichever occurs first. The suspension, revocation, or denial, or
issuance of a probationary license, shall be as follows:
(a) Upon receipt of a first sworn statement, issuance of a
probationary license under section 8 of Chapter 275, Laws of 1994,
(b) Upon receipt of a second or subsequent statement
indicating an arrest date that is within five years of the arrest date
indicated by a previous statement, revocation for two years.
(4) A person receiving notification under subsection (2) of
this section may, within five days after his or her arrest, request a
hearing before the department under subsection (5) of this section. The
request shall be in writing. The person shall pay a fee of one hundred
dollars as part of the request. If the request is mailed, it must be
postmarked within five days after the arrest.
(5) Upon timely receipt of a request and a one hundred dollar
fee under subsection (4) of this section, the department shall afford the
person an opportunity for a hearing. 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 arrest, except that all or part of the
hearing may, at the discretion of the department, by conducted by
telephone or other electronic means. The hearing shall be held within
thirty days following the arrest, unless otherwise agreed to by the
• department and the person. The hearing shall cover the issues of:
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11s1crd /DUI jw
(a) Whether the law enforcement officer had reasonable
grounds to believe the person was driving or in actual physical control
10
of a motor vehicle within this state while under the influence of
intoxicating liquor;
(b) Whether the test of the person's alcohol concentration was
administered in accordance with RCW 46.20.308, and
(c) Whether the test indicated that the person's alcohol
concentration was 0 10 or higher
(6) The period of any suspension, revocation, or denial
imposed under this section shall run consecutively to the period of any
suspension, revocation, or denial imposed pursuant to a criminal
conviction arising out of the same incident. A suspension, revocation,
or denial imposed under this section 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.
(7) If the suspension, revocation, denial, or issuance is
sustained after such a hearing, the person whose license, privilege, or
permit is suspended, revoked, or denied, or who has been issued a
probationary license, has the right to file a petition in the superior
court of the county of arrest in the same manner as an appeal from a
decision of a court of limited jurisdiction. The appellant must pay the
costs associated with obtaining the record of the hearing before the
hearing officer A court may stay the suspension, revocation, or denial
if it 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
(8) 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."
Section 8 Section 9 46 028 is hereby enacted as a new section of the City of
Yakima Municipal Code to read as follows.
"9.46.028 Ignition interlock -- Definition.
RCW 46 20 730 and any subsequent amendments thereto are
adopted by reference as if set forth in full in this chapter "
Section 9 Section 9 50 010 of the City of Yakima Municipal Code is hereby
repealed.
Section 10 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
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( is)ord.'DUI 7w
JUN
PASSED BY THE CITY COUNCIL, signed and approved this 2 j day of
1994
cikt
ATTEST / Mayor conc
City Clerk
Publication Date: 6 - 24 - 94
Effective Date: 7 - 24 - 94
•
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