Washington Code 46.20.3101 – Implied consent — License sanctions, length of
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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:
Terms Used In Washington Code 46.20.3101
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(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 § 6; 2016 c 203 § 18; 2013 c 3 § 32 (Initiative Measure No. 502, approved November 6, 2012). Prior: 2004 c 95 § 4; 2004 c 68 § 3; prior: 1998 c 213 § 2; 1998 c 209 § 2; 1998 c 207 § 8; 1995 c 332 § 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.