TO:

Judges, Court Commissioners, Court Administrators, Law Libraries, and Public

FROM:

Merrie Gough, Senior Legal Analyst

SUBJECT:

JANUARY 2009, DUI SENTENCING GRID AND OTHER FORMS

1.

CrRLJ 07.0100, Judgment and Sentence (DUI/Physical Control)

In the first paragraph, change "plead" to "pled in both locations.

Below the heading "Mandatory Conditions of Sentence, change the fourth check box and enter a new fifth check box as follows:

☐ Comply with mandatory ignition interlock driver's license and ignition interlock device requirements as imposed by the court for _______years ________days. (RCW 46.20.720(2), 46.20.385, and RCW 46.61.5055(45), (6).)

☐ The court waives the ignition interlock driver's license and ignition interlock device requirements because:

☐ The ignition interlock devices are not reasonably available in the defendant's local area, or

☐ The defendant does not operate a vehicle, or

☐ The defendant is not eligible to receive an ignition interlock driver's license under RCW 46.20.385.

Based upon the ignition interlock waiver above, the defendant shall comply with alcohol monitoring requirements through ☐ alcohol detection breathalyzer device ☐ transdermal sensor device, ☐ other: _________

________________________________________, as imposed by the court for _______ years. (RCW 46.61.5055(5)).

Below the check box option that begins with "Unless otherwise stated…" insert the following new heading:

Additional Conditions of Sentence - Discretionary Ignition Interlock, RCW 46.20.720(1):

Move the check box that begins with "Comply with discretionary ignition interlock device requirements…," including the three sub-check box options, from the location below the heading "Additional Conditions of Sentence" to the location immediately below the new heading "Additional Conditions of Sentence - Discretionary Ignition Interlock, RCW 46.20.720(1)."

2.

CrRLJ 07.0500, Standing Order of Requirements for Defendants Prohibited from Operating a Vehicle that is not Equipped with a Functioning Ignition Interlock Device Under RCW 46.20.720(1), (2) Or 46.61.5055(45), (6), (911)

Update the RCW citations in the form title as indicated, above.

In the first paragraph update the RCW citations similarly to the update in the form title.

In paragraph 1, add a new section "A":

A. If ignition interlock device use is required under RCW 46.20.720(2) and 46.61.5055(5), the defendant shall not operate any motor vehicle unless the defendant has a valid ignition interlock device driver's license and proof of financial responsibility.

Also in paragraph 1, add a "B" in front of the existing text.

Change paragraph 2 as follows:

"2. Once the defendant:

A. has an ignition interlock driver's license pursuant to RCW 46.20.720(2) and 46.61.5055(5), or

B. is eligible for reinstatement of the driver's license and has a driver's license with an ignition interlock restriction pursuant to RCW46.20.720(1),

the defendant shall operate only a motor vehicle equipped with a functioning ignition interlock device for the period of time ordered."

Delete paragraph 5. The ignition interlock installer's monitoring requirements are statutory and administrative; so, they are not required in the court's order.

Renumber the remaining paragraphs.

Update the RCW citations in the footer to "RCW 46.20.720(1), (2), 46.615055(5), (6), (11)."

3.

DUI Sentencing Grid

The subcommittee reformatted the DUI Sentencing Grid for 8 ½ x 11-inch paper with Portrait Orientation. To fit in the new format, the Pattern Forms Committee used abbreviations and deleted text when the reader could still understand the information with the remaining text.

Regarding the Mandatory Minimum Fine, reduce each mandatory minimum fine by 50 cents. The court rules and statutes do not clearly authorize rounding up of the mandatory minimum DUI penalties and assessments.

In the first and second tables, in the left hand column, add "II Driver's License*" above "II Device".

Below both tables, add an "*" and the following prompt:

"* See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 4."

This information also follows the following new tables:

Below the second table, add a new table with the heading:

"Court Ordered Ignition Interlock Driver's License and Device Requirements, RCW 46.20.720(2), 46.61.5055(5), 46.20.385, effective January 1, 2009*"

This table contains the II Driver's License and Device Requirements from RCW 46.61.5055(5):

"Requirement No Previous Previous 1 Year Previous 5 Year

Restriction Restriction Restriction

II Driver's License 1 Year 5 Years 10 Years

II Device"

Add a fourth table to page one with the heading:

"Department of Licensing Required Ignition Interlock Device Requirements, RCW 46.20.720(3) June 10, 2004*"

This table contains the DOL II device requirements from RCW 46.20.720(3):

"Requirement No Previous Previous 1 Year Previous 5 Year

Restriction Restriction Restriction

II Device 1 Year 5 Years 10 Years"

Page 2 contains most of the information that was in very small font of the 2007 DUI Sentencing Grid. In addition to increasing the font:

Under "Prior Offenses" update the citation RCW 46.61.5055(13)(b) to 46.61.5055(14)(b); add the case citation Seattle v. Quezada, 142 Wn.App. 43, 174 P.3d 129 (Div. 1 2007); and update the citation RCW 46.61.5055(13)(a) to 46.61.5055(14)(a).

At the end of the subsection on "Deferred Prosecution Granted for the following" insert the following case citations: See Bremerton v. Tucker, 126 Wn.App. 26, 103 P.3d 1285 (Div. 2 2005); Seattle v. Quezada, 142 Wn.App. 43, 174 P.3d 129 (Div. 1 2007) (a revoked deferred prosecution only counts as one prior offense).

The "Mandatory Jail and Electronic Home Monitoring (EHM)" section contains the information from the 2007 Grid's section on Electronic Home Monitoring with additional information. The text of the updated section follows:

"If there are prior offenses within 7 years of arrest date, the mandatory jail shall be served by imprisonment for the minimum statutory term and may not be suspended or deferred unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. The mandatory statutory term may not be converted to EHM. Bremerton v. Bradshaw, 121 Wn.App. 410, 88 P.3d 438 (Div. 2 2004). Where there are no prior offenses within 7 years of arrest date, the court may grant EHM instead of mandatory minimum jail. If there are prior offenses, the mandatory EHM may not be suspended or deferred unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. RCW 46.61.5055(1)(a)(i), (2)(a)(i), (3)(a)(i)."

In the section "Mandatory Conditions of Probation for any Suspended Jail time, after " …influence of intoxicating liquor" and before "violation of any mandatory condition, insert :

"…except for ignition interlock driver's license and device or alcohol monitoring requirements under RCW 46.61.5055(5)"

Update the citation RCW 46.61.5055(9) to RCW 46.61.5055(11).

After "mandatory conditions" and before "DOL" insert:

"requiring confinement or license suspension to"

In the section "Mandatory Monetary Penalty," delete the following:

"(Similarly to forfeitable offenses listed in CrRLJ 3.2(4) - (u), statutory assessments are rounded up to the next even dollar amount.)"

The section on "Felony DUI and Felony Physical Control" is slightly modified. The text of the updated section follows:

"Felony DUI and Felony Physical Control: Laws of 2006, ch. 73, §§ 1-3 (effective July 1, 2007) created new class C felony crimes of Felony DUI and Felony Physical Control. With four priors within 10 years, or one prior conviction of Veh. Homicide or Veh. Assault (see above), a current offense is a Class C Felony punished under Chapter 9.94A RCW. "Within 10 years" means that the arrest for the prior offense occurred within 10 years of the arrest for the current offense. Laws of 2007, ch. 474 (effective July 1, 2007); RCW 46.61.5055(13)(c)."

Add a separate section "Jurisdiction. Court has 5 years jurisdiction."

Page 3 contains the "Department of Licensing - DUI Administrative Sanctions and Reinstatement Provisions." There are some new abbreviations in the "Administrative Sanctions" table. Move the "Day for Day" notice from the top far right column to two lines immediately below the table.

Below the "Day for Day" notice, add a new table with the heading:

Ignition Interlock Driver's License, RCW 46.20.385 (effective January 1, 2009)

The table text is:

May apply for an Ignition Interlock Driver's License upon receiving RCW 46.20.308 notice or upon suspension or revocation. See "Court and Department of Licensing Ignition Interlock Requirements, page 4."

In the "Requirements for Reinstatement of Driving Privilege," in both columns:

• At the end of the first bullet, insert "(SR 22)"

• In the second bullet, delete "doing business in this state"

Page 4 contains the new section titled "Court and Department of Licensing (DOL) Ignition Interlock Requirements, RCW 46.20.380, 46.20.385"

The table titled "Ignition Interlock Driver's License, RCW 46.20.380, 46.20.385" contains a summary of some of the statutory provisions.

Below the table, the section on "Court Ordered Ignition Interlock (II) Driver's License and Device" contains information about the alcohol monitoring alternative, the waiver of the II device requirements on an employer's vehicle upon proof to DOL of the employment affidavit, and the calibration level.

The remaining sections are the same as the 2007 Grid, except the "Deferred Prosecution" section, which is updated to include new RCW citations and reference to the II driver's license requirement:

For application in DUI Deferred Prosecution, see RCW 46.20.385, RCW 46.20.720(2), RCW 10.05.020 and RCW 10.05.140, which require II Driver's license and device in a deferred prosecution of any alcohol-dependency based case.