(1) A general authority Washington peace officer, as defined in RCW 10.93.020, who has probable cause to believe that a participant has violated the terms of participation in the 24/7 sobriety program may immediately take the participant into custody and cause him or her to be held until an appearance before a judge on the next judicial day.

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Terms Used In Washington Code 36.28A.390

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) A participant who violates the terms of participation in the 24/7 sobriety program or does not pay the required fees or associated costs pretrial or posttrial shall, at a minimum:
(a) Receive a written warning notice for a first violation;
(b) Serve a minimum of one day imprisonment for a second violation;
(c) Serve a minimum of three days[‘] imprisonment for a third violation;
(d) Serve a minimum of five days[‘] imprisonment for a fourth violation; and
(e) Serve a minimum of seven days[‘] imprisonment for a fifth or subsequent violation.
(3) The court may remove a participant from the 24/7 sobriety program at any time for noncompliance with the terms of participation. If a participant is removed from the 24/7 sobriety program, the court shall send written notice to the department of licensing within five business days.

NOTES:

FindingIntent2015 2nd sp.s. c 3: See note following RCW 10.21.055.
Effective date2013 2nd sp.s. c 35 §§ 27, 28, and 30-32: See note following RCW 36.28A.340.