Wash. Rev. Code § 46.20.3101

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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:
(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 s 6; 2016 c 203 s 18; 2013 c 3 s 32 (Initiative Measure No. 502, approved November 6, 2012). Prior: 2004 c 95 s 4; 2004 c 68 s 3; prior: 1998 c 213 s 2; 1998 c 209 s 2; 1998 c 207 s 8; 1995 c 332 s 3.]

Notes:

Effective date2020 c 330: See note following RCW 9.94A.729.
Intent2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
FindingIntent2004 c 68: See note following RCW 46.20.308.
Effective date1998 c 213: See note following RCW 46.20.308.
Effective date1998 c 209: See note following RCW 46.20.308.
Effective date1998 c 207: See note following RCW 46.61.5055.
SeverabilityEffective dates1995 c 332: See notes following RCW 46.20.308.
Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1997–2021 · leading case: Cannon v. Department of Licensing
Cannon v. Department of Licensing (2002) wash · cites it 3× “308(7); see also RCW 46.20.3101. RCW 46.20.308 provides in pertinent part: “(1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.”
Ingram v. Department of Licensing (2007) wash · cites it 3× “RCW 46.20.3101. The October 27,2004, declaration admitted at Delong’s hearing certifies under penalty of perjury that the declarant, Dr.”
Ingram v. Department of Licensing (2007) wash · cites it 3× “RCW 46.20.3101. [3] The October 27, 2004, declaration admitted at Delong's hearing certifies under penalty of perjury that the declarant, Dr.”
Lynch v. Department of Licensing (2011) washctapp · cites it 2× “, for being in physical control or driving under the influence of alcohol,” in violation of RCW 46.20.3101, 3 and (2) a “notice of disqualification,” informing her that her *703 CDL would be disqualified on May 27 for one year under RCW 46.”
Medcalf v. Department of Licensing (1997) wash “See also RCW 46.20.3101(l)(b) (current law governing license revocation sanctions under the implied consent law).”
Medcalf v. State, Dept. of Licensing (1997) wash “See also RCW 46.20.3101(1)(b) (current law governing license revocation sanctions under the implied consent law).”
Devine v. Department of Licensing (2005) washctapp “085 under subsection (6)(e) of this section, shall suspend, revoke, or deny the person’s license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning sixty days from…”
State v. Hopkins (2001) washctapp “See also RCW 46.20.3101 (prescribing length of revocations imposed by the Department).”
State, Department of Licensing v. Cannon (2002) wash · cites it 3× “308(7); see also RCW 46.20.3101. [32] RCW 46.20.308 provides in pertinent part: "(1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.”
Devine v. STATE, DEPT. OF LICENSING (2005) washctapp “085 under subsection (6)(e) of this section, shall suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning sixty days from…”
State v. Quaale (2013) washctapp “308(7) (2008); RCW 46.20.3101 (providing for suspension, revocation, or denial of an arrested person’s license to drive in the event of refusal of a breath test).”
Shuman v. Department of Licensing (2001) washctapp “Shuman’s driver’s license pursuant to RCW 46.20.3101. Mr. Shuman requested an administrative hearing, at which he contended (among other things) that the district court’s order in the criminal prosecution collaterally estopped the Department from holding he had refused to take…”
— Wash. Rev. Code § 46.20.3101(1)(b) — 1 case
Medcalf v. State, Dept. of Licensing (1997) wash “See also RCW 46.20.3101(1)(b) (current law governing license revocation sanctions under the implied consent law).”
— Wash. Rev. Code § 46.20.3101(2)(a) — 2 cases
Ingram v. Department of Licensing (2007) wash “RCW 46.20.3101. The October 27,2004, declaration admitted at Delong’s hearing certifies under penalty of perjury that the declarant, Dr.”
Ingram v. Department of Licensing (2007) wash “RCW 46.20.3101. [3] The October 27, 2004, declaration admitted at Delong's hearing certifies under penalty of perjury that the declarant, Dr.”
— Wash. Rev. Code § 46.20.3101(l)(b) — 1 case
Medcalf v. Department of Licensing (1997) wash “See also RCW 46.20.3101(l)(b) (current law governing license revocation sanctions under the implied consent law).”
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