46.20.3101 - Implied consent -- License sanctions, length of. - Washington Statutes

Implied consent — License sanctions, length of.

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:

     (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:

     (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;

     (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:

     (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 any portion of a suspension, revocation, or denial already served under this section for a suspension, revocation, or denial imposed under RCW 46.61.5055 arising out of the same incident.

[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: Reviser's note: This section was amended by 2004 c 68 § 3 and by 2004 c 95 § 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

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.