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Judgment and
Sentence (DUI)
Laws of 2003, ch. 99, § 1 amends RCW 70.48.390 by changing
the jail booking fee from ten dollars to “…the jail’s actual booking costs or
one hundred dollars, whichever is less…”
To implement this new provision, the following changes are made to the
section on fines, costs and assessments:
The line for “Jail Costs or Electronic Home Monitoring
Costs” is changed to “Jail Incarceration Costs or Electric Home Monitoring
Costs.” Below the line for jail
incarceration costs and above the line for “Public Defender Costs” insert the
following new line:
“$ ______ Jail Booking Fee.”
Laws of 2003, ch. 103, § 1 amends RCW 46.61.5055 by adding
a new subsection “(4)” which states:
“(4) If a person who is convicted of a violation
of RCW 46.61.502 or 46.61.504 committed the offense while a passenger under
the age of sixteen was in the vehicle, the court shall:
(a) In any case in which the
installation and use of an interlock or other device is not mandatory under
RCW 46.20.720 or other law, order the use of such a device for not less than
sixty days following the restoration of the person’s license, permit, or
nonresident driving privileges; and
(b) In any case in which the
installation and use of such a device is otherwise mandatory, order the use
of such a device for an additional sixty days.”
To implement this change, under the heading “Conditions of
Deferred Sentence, Probation, and Suspended Jail Time,” in the second check
box relating to ignition interlock, insert a line for “days,” as follows:
“For a period of _______ years ______
days,…..”
The number of days of ignition interlock ordered pursuant
to RCW 46.61.5055(4) may be added in the line before “days.”
Laws of 2003, ch. 366, § 1 amends RCW 46.20.720(2) by
transferring from the courts to the Department of Licensing the requirement
to impose mandatory ignition interlock restrictions after any applicable
period of suspension, revocation or denial of driving privileges in
applicable cases. No changes are
currently recommended for the judgment and sentence form to implement the
amendments to RCW 46.20.720(2).
The Pattern Forms Committee in cooperation with the
District and Municipal Court Judges’ Association’s DOL Liaison Committee, developed
the following changes to the ignition interlock sections to clarify the
provision relating to orders under RCW 46.20.720 and discretionary orders:
In the second check box option under “Conditions of
Deferred Sentence, Probation, and Suspended Jail Time,” after “days,” and
before “drive only…” insert “following the period of driver’s license
suspension or revocation.” The
inserted language clarifies that this provision is for use when issuing an
ignition interlock order under RCW 46.20.70.
Immediately after the check box option for RCW 46.20.720
order, insert the following new check box option for use when issuing a
discretionary ignition interlock order:
Effective immediately, and until the
period of license suspension/revocation has elapsed (if applicable), or until
_________________________ [date], do not drive any motor vehicle unless it is
equipped with an ignition interlock device (this DOES NOT authorize you to
drive without a valid license).
To clarify the length of probation and the length of
supervised probation, change the fourth check box option regarding probation
as follows:
“Probation for __________
months. Supervised probation for
__________ months, with probation department and abide by all rules and
regulations of probation department.
Pay a pre-sentence fee and a monthly probation fee as
set by the probation department.”
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