Wash. Rev. Code » Title 46 · Chapter 46.61
Revised Code of Washington

Wash. Rev. Code § 46.61.5054 (2026)

Alcohol violators—Additional fee—Distribution

✓ current as of May 2026
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(1)(a) In addition to penalties set forth in *RCW 46.61.5051 through 46.61.5053 until September 1, 1995, and RCW 46.61.5055 thereafter, a two hundred fifty dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol for grants and activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.
(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and, subject to subsection (5) of this section, one hundred seventy-five dollars of the fee must be distributed as follows:
(a) Forty percent shall be subject to distribution under RCW ** 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.
(b) The remainder of the fee shall be forwarded to the state treasurer who shall, through June 30, 1997, deposit: Fifty percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and fifty percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs. Effective July 1, 1997, the remainder of the fee shall be forwarded to the state treasurer who shall deposit: Fifteen percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and eighty-five percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(3) Twenty-five dollars of the fee assessed under subsection (1) of this section must be distributed to the highway safety fund to be used solely for funding Washington traffic safety commission grants to reduce statewide collisions caused by persons driving under the influence of alcohol or drugs. Grants awarded under this subsection may be for projects that encourage collaboration with other community, governmental, and private organizations, and that utilize innovative approaches based on best practices or proven strategies supported by research or rigorous evaluation. Grants recipients may include, for example:
(a) DUI courts;
(b) Jurisdictions implementing the victim impact panel registries under RCW 46.61.5152 and 10.01.230; and
(c) Pilot programs in King and Spokane counties that are designed for persons with two or more prior offenses in seven years and include evidence-based assessment, enhanced intensive outpatient substance use disorder treatment, monitoring, and, when needed, priority entry into voluntary or involuntary detoxification services or residential substance use disorder treatment, if state funding is provided specifically for this purpose.
(4) Fifty dollars of the fee assessed under subsection (1) of this section must be distributed to the highway safety fund to be used solely for funding Washington traffic safety commission grants to organizations within counties targeted for programs to reduce driving under the influence of alcohol or drugs. A minimum of three hundred thousand dollars of these grant funds shall support pilot programs in King and Spokane counties that are designed for persons with two or more prior offenses in seven years, as described in subsection (3)(c) of this section.
(5) If the court has suspended payment of part of the fee pursuant to subsection (1)(b) of this section, amounts collected shall be distributed proportionately.
(6) This section applies to any offense committed on or after July 1, 1993, and only to adult offenders.
[ 2017 c 336 s 13; 2015 c 265 s 32; 2011 c 293 s 12. Prior: 1995 c 398 s 15; 1995 c 332 s 13; 1994 c 275 s 7.]

Notes:

Reviser's note: *(1) RCW 46.61.5051, 46.61.5052, and 46.61.5053 were repealed by 1995 c 332 s 21, effective September 1, 1995.
**(2) RCW 3.46.120 was repealed by 2008 c 227 s 12, effective July 1, 2008.
Finding—2017 c 336: See note following RCW 9.96.060.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
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.
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 1996–2025 · leading case: State Of Washington, V. Christopher Ellis Hamilton, 565 P.3d 595 (Wash. Ct. App. 2025).
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State Of Washington, V. Christopher Ellis Hamilton, 565 P.3d 595 (Wash. Ct. App. 2025). “Similarly, RCW 46.61.5054(1)(b) states that upon petition, the court “may suspend payment of all or part of the [$250] fee if it finds that the person does not have the ability to pay.”
State of Washington v. Andrew P. Rice (Wash. Ct. App. 2021). · cites it 8× “00 fee under RCW 46.61.5054 (alcohol violator fee). Contrary to the parties’ assumptions at the time of sentencing, all three fee statutes allow for flexibility in the event of indigence.”
In Re the Pers. Restraint of Weaver, 929 P.2d 445 (Wash. Ct. App. 1996). “690(2), and RCW 46.61.5054(l)(c), various penalties may be assessed against a juvenile for an offense which, if committed by an adult, would constitute a crime or violation.”
State Of Washington v. Bounphet Manivanh (Wash. Ct. App. 2020). · cites it 2× “The statute provides that a $250 fee “shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of violating indicated it would call Knoy and, after moving to amend the information, offered the defense the…”
State Of Washington v. Angela M. Valdovinos (Wash. Ct. App. 2020). · cites it 2× “53453-3-II / 53456-8-II / 53463-1-II / 53466-5-II / 53473-8-II Another DUI fee derives from RCW 46.61.5054(1), which imposes a $250 alcohol violator fee.”
State Of Washington, V. Kalob Hackett (Wash. Ct. App. 2021). · cites it 2× “Another DUI fee derives from RCW 46.61.5054(1), which imposes a $250 alcohol violator fee.”
State Of Washington, V. Nathaniel G. Craven (Wash. Ct. App. 2025). · cites it 2× “Toxicology Lab Fee RCW 46.61.5054(1) provides that a court must impose a $250 fee on all alcohol offenders.”
State Of Washington, Resp. v. John Harris, Jr., App. (Wash. Ct. App. 2013). “5055(2)(b)(ii) and $175 in fines under former RCW 46.61.5054(1 )(a) (1995) and RCW 46.64.”
— Wash. Rev. Code § 46.61.5054(1) — 3 cases
State Of Washington v. Angela M. Valdovinos (Wash. Ct. App. 2020). “53453-3-II / 53456-8-II / 53463-1-II / 53466-5-II / 53473-8-II Another DUI fee derives from RCW 46.61.5054(1), which imposes a $250 alcohol violator fee.”
State Of Washington, V. Kalob Hackett (Wash. Ct. App. 2021). “Another DUI fee derives from RCW 46.61.5054(1), which imposes a $250 alcohol violator fee.”
State Of Washington, V. Nathaniel G. Craven (Wash. Ct. App. 2025). “Toxicology Lab Fee RCW 46.61.5054(1) provides that a court must impose a $250 fee on all alcohol offenders.”
— Wash. Rev. Code § 46.61.5054(1)(a) — 1 case
State of Washington v. Andrew P. Rice (Wash. Ct. App. 2021). “00 fee under RCW 46.61.5054 (alcohol violator fee). Contrary to the parties’ assumptions at the time of sentencing, all three fee statutes allow for flexibility in the event of indigence.”
— Wash. Rev. Code § 46.61.5054(1)(b) — 5 cases
State Of Washington, V. Christopher Ellis Hamilton, 565 P.3d 595 (Wash. Ct. App. 2025). “Similarly, RCW 46.61.5054(1)(b) states that upon petition, the court “may suspend payment of all or part of the [$250] fee if it finds that the person does not have the ability to pay.”
State Of Washington v. Angela M. Valdovinos (Wash. Ct. App. 2020). “53453-3-II / 53456-8-II / 53463-1-II / 53466-5-II / 53473-8-II Another DUI fee derives from RCW 46.61.5054(1), which imposes a $250 alcohol violator fee.”
State of Washington v. Andrew P. Rice (Wash. Ct. App. 2021). “00 fee under RCW 46.61.5054 (alcohol violator fee). Contrary to the parties’ assumptions at the time of sentencing, all three fee statutes allow for flexibility in the event of indigence.”
State Of Washington, V. Kalob Hackett (Wash. Ct. App. 2021). “Another DUI fee derives from RCW 46.61.5054(1), which imposes a $250 alcohol violator fee.”
State Of Washington, V. Nathaniel G. Craven (Wash. Ct. App. 2025). “Toxicology Lab Fee RCW 46.61.5054(1) provides that a court must impose a $250 fee on all alcohol offenders.”
— Wash. Rev. Code § 46.61.5054(l)(c) — 1 case
In Re the Pers. Restraint of Weaver, 929 P.2d 445 (Wash. Ct. App. 1996). “690(2), and RCW 46.61.5054(l)(c), various penalties may be assessed against a juvenile for an offense which, if committed by an adult, would constitute a crime or violation.”
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