Revised Code of Washington

Wash. Rev. Code § 35.21.165 (2026)

✓ current as of May 2026

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Except as limited by the maximum penalties authorized by law, no city or town may establish a penalty for an act that constitutes the crime of driving while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.502, or the crime of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504, that is less than the penalties prescribed for those crimes in RCW 46.61.5055.

[ 1995 c 332 s 8; 1994 c 275 s 36; 1983 c 165 s 40.]

Notes:

Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.

Short title—Effective date—1994 c 275: See notes following RCW 46.04.015.

Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.

Notes of Decisions

Cited in 2 cases, 1995–1995 · leading case: City of Seattle v. Williams, 128 Wash. 2d 341 (Wash. 1995).

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City of Seattle v. Williams, 128 Wash. 2d 341 (Wash. 1995). “5191 and RCW 35.21.165 specifically permit local jurisdictions to enact greater penalties than those provided in statute for, respectively, a violation of RCW 46.”

City of Seattle v. Williams, 908 P.2d 359 (Wash. 1995). “5191 and RCW 35.21.165 specifically permit local jurisdictions to enact greater penalties than those provided in statute for, respectively, a violation of RCW 46.”

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