RCW 46.61.5054
Alcohol violators—Additional fee—Distribution.
(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 § 13; 2015 c 265 § 32; 2011 c 293 § 12. Prior: 1995 c 398 § 15; 1995 c 332 § 13; 1994 c 275 § 7.]
NOTES:
Reviser's note: *(1) RCW 46.61.5051, 46.61.5052, and 46.61.5053 were repealed by 1995 c 332 § 21, effective September 1, 1995.
**(2) RCW 3.46.120 was repealed by 2008 c 227 § 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.
Structure Revised Code of Washington
Chapter 46.61 - Rules of the Road.
46.61.005 - Chapter refers to vehicles upon highways—Exceptions.
46.61.015 - Obedience to police officers, flaggers, or firefighters—Penalty.
46.61.020 - Refusal to give information to or cooperate with officer—Penalty.
46.61.021 - Duty to obey law enforcement officer—Authority of officer.
46.61.022 - Failure to obey officer—Penalty.
46.61.024 - Attempting to elude police vehicle—Defense—License revocation.
46.61.025 - Persons riding animals or driving animal-drawn vehicles.
46.61.030 - Persons working on highway right-of-way—Exceptions.
46.61.035 - Authorized emergency vehicles.
46.61.050 - Obedience to and required traffic control devices.
46.61.055 - Traffic control signal legend.
46.61.060 - Pedestrian control signals—Pedestrians, personal delivery devices.
46.61.070 - Lane-direction-control signals.
46.61.072 - Special traffic control signals—Legend.
46.61.075 - Display of unauthorized signs, signals, or markings.
46.61.080 - Interference with official traffic-control devices or railroad signs or signals.
46.61.100 - Keep right except when passing, etc.
46.61.105 - Passing vehicles proceeding in opposite directions.
46.61.110 - Overtaking on the left—Fine.
46.61.115 - When overtaking on the right is permitted.
46.61.120 - Limitations on overtaking on the left.
46.61.125 - Further limitations on driving to left of center of roadway.
46.61.126 - Pedestrians and bicyclists—Legal duties.
46.61.135 - One-way roadways and rotary traffic islands.
46.61.140 - Driving on roadways laned for traffic.
46.61.145 - Following too closely—Vulnerable users of a public way—Fine.
46.61.150 - Driving on divided highways.
46.61.155 - Restricted access.
46.61.160 - Restrictions on limited access highway—Use by bicyclists.
46.61.165 - High occupancy vehicle lanes—Monetary penalties for traffic infractions—Definition.
46.61.180 - Vehicle approaching intersection—Vulnerable users of a public way—Fine.
46.61.183 - Nonfunctioning signal lights.
46.61.185 - Vehicle turning left—Vulnerable users of a public way—Fine.
46.61.190 - Vehicle entering stop or yield intersection—Vulnerable users of a public way—Fine.
46.61.195 - Arterial highways designated—Stopping on entering.
46.61.200 - Stop intersections other than arterial may be designated.
46.61.202 - Stopping when traffic obstructed.
46.61.210 - Operation of vehicles on approach of emergency vehicles.
46.61.212 - Emergency or work zones—Approaching—Penalty—Violation.
46.61.215 - Highway construction and maintenance.
46.61.230 - Pedestrians subject to traffic regulations.
46.61.240 - Crossing at other than crosswalks.
46.61.245 - Drivers to exercise care.
46.61.250 - Pedestrians on roadways.
46.61.255 - Pedestrians soliciting rides or business.
46.61.260 - Driving through safety zone prohibited.
46.61.261 - Sidewalks, crosswalks—Pedestrians, bicycles, personal delivery devices.
46.61.264 - Pedestrians and personal delivery devices yield to emergency vehicles.
46.61.266 - Pedestrians under the influence of alcohol or drugs.
46.61.269 - Passing beyond bridge or grade crossing barrier prohibited.
46.61.275 - Reporting of certain speed zone violations—Subsequent law enforcement investigation.
46.61.290 - Required position and method of turning at intersections.
46.61.300 - Starting parked vehicle.
46.61.305 - When signals required—Improper use prohibited.
46.61.310 - Signals by hand and arm or signal lamps.
46.61.315 - Method of giving hand and arm signals.
46.61.340 - Approaching railroad grade crossings.
46.61.345 - All vehicles must stop at certain railroad grade crossings.
46.61.350 - Approaching railroad grade crossings—Specific vehicles—Exceptions—Definition.
46.61.355 - Moving heavy equipment at railroad grade crossings—Notice of intended crossing.
46.61.365 - Emerging from alley, driveway, or building.
46.61.371 - School bus stop sign violators—Identification by vehicle owner.
46.61.372 - School bus stop sign violators—Report by bus driver—Law enforcement investigation.
46.61.375 - Overtaking or meeting private carrier bus—Duties of bus driver.
46.61.380 - Rules for design, marking, and mode of operating school buses.
46.61.385 - School patrol—Appointment—Authority—Finance—Insurance.
46.61.400 - Basic rule and maximum limits.
46.61.405 - Decreases by secretary of transportation.
46.61.415 - When local authorities may establish or alter maximum limits.
46.61.419 - Private roads—Speed enforcement.
46.61.425 - Minimum speed regulation—Passing slow moving vehicle.
46.61.427 - Slow-moving vehicle to pull off roadway.
46.61.428 - Slow-moving vehicle driving on shoulders, when.
46.61.445 - Due care required.
46.61.455 - Vehicles with solid or hollow cushion tires.
46.61.460 - Special speed limitation on motor-driven cycle.
46.61.465 - Exceeding speed limit evidence of reckless driving.
46.61.500 - Reckless driving—Penalty.
46.61.502 - Driving under the influence.
46.61.503 - Driver under twenty-one consuming alcohol or cannabis—Penalties.
46.61.504 - Physical control of vehicle while under the influence.
46.61.5054 - Alcohol violators—Additional fee—Distribution.
46.61.5055 - Alcohol and drug violators—Penalty schedule.
46.61.5056 - Alcohol and drug violators—Information school—Evaluation and treatment.
46.61.5058 - Alcohol violators—Vehicle seizure and forfeiture.
46.61.508 - Liability of medical personnel withdrawing blood.
46.61.513 - Criminal history and driving record.
46.61.5151 - Sentences—Intermittent fulfillment—Restrictions.
46.61.5152 - Attendance at program focusing on victims.
46.61.516 - Qualified probation department defined.
46.61.517 - Refusal of tests—Admissibility as evidence.
46.61.519 - Alcoholic beverages—Drinking or open container in vehicle on highway—Exceptions.
46.61.5191 - Local ordinances not prohibited.
46.61.5195 - Disguising alcoholic beverage container.
46.61.520 - Vehicular homicide—Penalty.
46.61.522 - Vehicular assault—Penalty.
46.61.5249 - Negligent driving—First degree.
46.61.525 - Negligent driving—Second degree.
46.61.526 - Negligent driving—Second degree—Vulnerable user victim—Penalties—Definitions.
46.61.527 - Roadway construction zones.
46.61.530 - Racing of vehicles on highways—Reckless driving—Exception.
46.61.535 - Advertising of unlawful speed—Reckless driving.
46.61.540 - "Drugs," what included.
46.61.560 - Stopping, standing, or parking outside business or residence districts.
46.61.575 - Additional parking regulations—Motorcycle parking.
46.61.577 - Regulations governing parking facilities.
46.61.581 - Parking spaces for persons with disabilities—Indication, access—Failure, penalty.
46.61.582 - Free parking for persons with disabilities—Exceptions.
46.61.583 - Special plate or card issued by another jurisdiction.
46.61.585 - Winter recreational parking areas—Special permit required.
46.61.587 - Winter recreational parking areas—Penalty.
46.61.590 - Unattended motor vehicle—Removal from highway.
46.61.600 - Unattended motor vehicle.
46.61.605 - Limitations on backing.
46.61.606 - Driving on sidewalk prohibited—Exception.
46.61.608 - Operating motorcycles on roadways laned for traffic.
46.61.610 - Riding on motorcycles.
46.61.611 - Motorcycles—Maximum height for handlebars.
46.61.612 - Riding on motorcycles—Position of feet.
46.61.613 - Motorcycles—Temporary suspension of restrictions for parades or public demonstrations.
46.61.614 - Riding on motorcycles—Clinging to other vehicles.
46.61.615 - Obstructions to driver's view or driving mechanism.
46.61.620 - Opening and closing vehicle doors.
46.61.625 - Riding in trailers or towed vehicles.
46.61.630 - Coasting prohibited.
46.61.635 - Following fire apparatus prohibited.
46.61.640 - Crossing fire hose.
46.61.645 - Throwing materials on highway prohibited—Removal.
46.61.655 - Dropping load, other materials—Covering.
46.61.660 - Carrying persons or animals on outside part of vehicle.
46.61.665 - Embracing another while driving.
46.61.670 - Driving with wheels off roadway.
46.61.672 - Using a personal electronic device while driving.
46.61.673 - Dangerously distracted driving.
46.61.675 - Causing or permitting vehicle to be unlawfully operated.
46.61.680 - Lowering passenger vehicle below legal clearance—Penalty.
46.61.685 - Leaving children unattended in standing vehicle with motor running—Penalty.
46.61.6871 - Child passenger safety technician—Immunity.
46.61.688 - Safety belts, use required—Penalties—Exemptions.
46.61.6885 - Child restraints, seat belts—Educational campaign.
46.61.690 - Violations relating to toll facilities—Exception.
46.61.700 - Parent or guardian shall not authorize or permit violation by a child or ward.
46.61.705 - Off-road motorcycles.
46.61.708 - Motorcycles previously converted as snow bikes.
46.61.720 - Mopeds—Safety standards.
46.61.723 - Medium-speed electric vehicles.
46.61.725 - Neighborhood electric vehicles.
46.61.730 - Wheelchair conveyances.
46.61.733 - Personal delivery device.
46.61.735 - Ferry queues—Violations—Exemptions.
46.61.740 - Theft of motor vehicle fuel.
46.61.745 - Possessing or consuming cannabis in vehicle on highway—Penalty, exceptions—Definition.
46.61.750 - Effect of regulations—Penalty.
46.61.755 - Traffic laws apply to persons riding bicycles.
46.61.760 - Riding on bicycles.
46.61.765 - Clinging to vehicles.
46.61.770 - Riding on roadways and bicycle paths.
46.61.775 - Carrying articles.