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ADMINISTRATIVE SANCTIONS – RCW 46.20.3101
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REFUSED TEST
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First Refusal Within 7 Years And No Prior Administrative Action Within Past 7 Years
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Second or Subsequent Refusal Within Past 7 Years OR First Refusal And At Least One Prior Administrative Action Within Past 7 Years
(Day for day credit for revocation period already served under suspension, revocation, or denial imposed under RCW 46.61.5055 and arising out of the same incident.--Chapter 95, Laws 2004)
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Adult
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One Year License Revocation
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Two Year License Revocation
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Minor
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One Year License Revocation
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Two Year License Revocation Or Until Age Twenty-One Whichever Is Longer
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ALCOHOL CONCENTRATION TEST RESULT
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First Administrative Action
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Second or Subsequent Administrative Action
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Adults With 0.08 or Greater
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90 Day License Suspension
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Two Year License Revocation
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Minors With 0.02 or Greater
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90 Day License Suspension
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One Year License Revocation Or Until Age Twenty-One Whichever Is Longer
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COURT - DUI Sentencing Grid (RCW 46.61.5055 as amended through June 10, 2004)
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“Prior Offense” includes the following: (as defined in RCW 46.61.5055)
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Original Convictions for the following:
(1) DUI (RCW 46.61.502) (or an equivalent local ordinance)
(2) Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance)
(3) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence
(4) Equiv. out-of-state statute for any of the above offenses
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Amended Convictions for the following: If the person was originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522)♦
(1) Neg. Driving 1st (RCW 46.61.5249)
(2) Reckless Driving (RCW 46.61.500)
(3) Reckless Endangerment (RCW 9A.36.050)
(4) Equiv. out-of-state or local ordinance for the above offenses
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Deferred Prosecution Granted for the following:
(1) DUI (RCW 46.61.502) (or equivalent local ordinance)
(2) Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance)
(3) Neg. Driving 1st (RCW 46.61.5249, or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522)
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“Within seven years” means that the arrest for a prior offense(s) occurred within seven years of the arrest for the current offense. (as defined in RCW 46.61.5055)
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Alcohol Concentration Less Than .15 or No Test Result
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No Prior Offenses Within Past Seven Years
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One Prior Offense Within Past
Seven Years
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Two or More Prior Offenses Within Past Seven Years
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Jail Time***
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1-365 Days (24 consecutive hours non-suspendable)
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30-365 Days (30 days non-suspendable)
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90-365 Days (90 days non-suspendable)
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Electronic Home Monitoring*
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In Lieu of Mandatory Minimum Jail Time, Not Less Than 15 Days
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60 Days
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120 Days
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Fine
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$350-$5,000 ($823 total minimum fine w/statutory assessments****)
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$500-$5,000 ($1,078 total minimum fine w/statutory assessments****)
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$1,000-$5,000 ($1,928 total minimum fine w/statutory assessment****)
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Driver's License
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90 Day Suspension
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Two Year Revocation
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Three Year Revocation
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Ignition Interlock Device
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DOL Shall Require **
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DOL Shall Require **
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DOL Shall Require **
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Alcohol/Drug Ed. or Treatment
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As Determined by the Court
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As Determined by the Court
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As Determined by the Court
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Alcohol Concentration at Least .15 or Greater or Test Refusal
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No Prior Offenses Within Past Seven Years
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One Prior Offense Within Past Seven Years
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Two or More Prior Offenses Within Past Seven Years
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Jail Time***
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2-365 Days (2 consecutive mandatory)
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45-365 Days (45 days mandatory)
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120-365 Days (120 days mandatory)
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Electronic Home Monitoring*
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In Lieu of Mandatory Minimum Jail Time, Not Less Than 30 Days
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90 Days
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150 Days
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Fine
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$500-$5,000 ($1,078 total minimum fine w/statutory assessments****)
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$750-$5,000 ($1,503 total minimum fine w/statutory assessments****)
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$1,500-$5,000 ($2,778 total minimum fine w/statutory assessments****)
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Driver's License
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1 Year Revocation (2 years if BAC refused; Chapter 95,Laws 2004)
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2 Year Revocation (3 years if BAC refused; Chapter 95,Laws 2004)
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4 Year Revocation
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Ignition Interlock Device
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DOL Shall Require **
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DOL Shall Require **
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DOL Shall Require **
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Alcohol/Drug Ed. or Treatment
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As Determined by the Court
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As Determined by the Court
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As Determined by the Court
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** Ignition Interlock Device (IID): Effective June 10, 2004, DOL shall require after any alcohol related violation of RCW 46.61.502 , 46.61.504 or equivalent local ordinances; the court may order IID, setting a calibration level and duration. 46.20.720 (as amended Chapter 95, Laws 2004). For application in DUI Deferred Prosecution, see: RCW 10.05.140, which requires IID in a deferred prosecution of any alcohol-dependency based case. If the violation was committed while a passenger under 16 was in the vehicle, the court must order installation and use of IID for at least 60 days or extend a previously imposed IID requirement by at least 60 days; IID restrictions begin after any applicable period of suspension, revocation, or denial of driving privileges. RCW 46.61.5055 (as amended by Chapter 103 Laws 2003)