10.54.060 Violations – Penalties.
(1) Every person who is convicted of a violation of SMC 10.54.010 or 10.54.020 shall be punished by imprisonment for not less than one day nor more than six months, and by a fine of not more than $500.00. The person shall, in addition, be required to complete a course at an alcohol information school approved by the Department of Social and Health Services. One day of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant’s physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based.
(2) On a second or subsequent conviction of DWI or Physical Control as is described in SMC 10.54.010 and 10.54.020 within a five-year period a person shall be punished by imprisonment for not less than seven days nor more than one year and by a fine not more than $1,000. The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant’s physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. If such person at the time of a second or subsequent conviction is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be 90 days in jail and a $200.00 fine. The penalty so imposed shall not be suspended or deferred.
In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding 180 days and shall suspend but shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of suspension during the suspension period.
(3) There shall be levied and paid into the highway safety fund of the state treasury a penalty assessment in the minimum amount of 25 percent of, and which shall be in addition to, any fine, bail forfeiture, or costs on all offenses involving a violation of any city ordinance relating to driving a motor vehicle while under the influence of intoxicating liquor or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; provided, that all funds derived from such penalty assessment shall be in addition to and exclusive of assessments made under RCW 46.81.030 and shall be for the exclusive use of the department or driver services programs and for a state-wide alcohol safety action program, or other similar programs designed primarily for the rehabilitation or control of traffic offenders. Such penalty assessment shall be included in any bail schedule and shall be included by the court in any pronouncement of sentence.
(4) Notwithstanding the provisions contained in Chapters 3.16, 3.46, 3.50, 3.62, or 35.20 RCW, or any other section of law, the penalty assessment provided for in subsection (3) of this section shall not be suspended, waived, modified, or deferred in any respect, and all moneys derived from such penalty assessments shall be forwarded to the highway safety fund to be used exclusively for the purposes set forth in subsection (3) of this section.
(5) The license or permit to drive or any nonresident privilege of any person convicted of either of the offenses named in SMC 10.54.010 or 10.54.020 shall:
(a) On the first conviction under either such offense, be suspended by the department for not less than 30 days; provided, that the court may recommend that no suspension action be taken;
(b) On a second conviction under either such offense within a five-year period, be suspended by the department for not less than 60 days;
(c) On a third or subsequent conviction under either such offense within a five-year period, be revoked by the department.
(6) In any case provided for in this section, where a driver’s license is to be revoked or suspended, such revocation or suspension shall be stayed and shall not take effect until after the determination of any appeal from the conviction which may lawfully be taken, but in case such conviction is sustained on appeal such revocation or suspension shall take effect as of the date that the conviction becomes effective for other purposes. (Ord. 555 § 6, 1980).