Revised Code of Washington
Chapter 46.61 - Rules of the Road.
46.61.5058 - Alcohol violators—Vehicle seizure and forfeiture.

RCW 46.61.5058
Alcohol violators—Vehicle seizure and forfeiture.

(1) Upon the arrest of a person or upon the filing of a complaint, citation, or information in a court of competent jurisdiction, based upon probable cause to believe that a person has violated RCW 46.20.740, 46.61.502, or 46.61.504 or any similar municipal ordinance, if such person has a prior offense within seven years as defined in RCW 46.61.5055, and where the person has been provided written notice that any transfer, sale, or encumbrance of such person's interest in the vehicle over which that person was actually driving or had physical control when the violation occurred, is unlawful pending either acquittal, dismissal, sixty days after conviction, or other termination of the charge, such person shall be prohibited from encumbering, selling, or transferring his or her interest in such vehicle, except as otherwise provided in (a), (b), and (c) of this subsection, until either acquittal, dismissal, sixty days after conviction, or other termination of the charge. The prohibition against transfer of title shall not be stayed pending the determination of an appeal from the conviction.
(a) A vehicle encumbered by a bona fide security interest may be transferred to the secured party or to a person designated by the secured party;
(b) A leased or rented vehicle may be transferred to the lessor, rental agency, or to a person designated by the lessor or rental agency; and
(c) A vehicle may be transferred to a third party or a vehicle dealer who is a bona fide purchaser or may be subject to a bona fide security interest in the vehicle unless it is established that (i) in the case of a purchase by a third party or vehicle dealer, such party or dealer had actual notice that the vehicle was subject to the prohibition prior to the purchase, or (ii) in the case of a security interest, the holder of the security interest had actual notice that the vehicle was subject to the prohibition prior to the encumbrance of title.
(2) On conviction for a violation of either RCW 46.20.740, 46.61.502, or 46.61.504 or any similar municipal ordinance where the person convicted has a prior offense within seven years as defined in RCW 46.61.5055, the motor vehicle the person was driving or over which the person had actual physical control at the time of the offense, if the person has a financial interest in the vehicle, the court shall consider at sentencing whether the vehicle shall be seized and forfeited pursuant to this section if a seizure or forfeiture has not yet occurred.
(3) A vehicle subject to forfeiture under this chapter may be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a vehicle may be made without process if the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.
(4) Seizure under subsection (3) of this section automatically commences proceedings for forfeiture. The law enforcement agency under whose authority the seizure was made shall cause notice of the seizure and intended forfeiture of the seized vehicle to be served within fifteen days after the seizure on the owner of the vehicle seized, on the person in charge of the vehicle, and on any person having a known right or interest in the vehicle, including a community property interest. The notice of seizure may be served by any method authorized by law or court rule, including but not limited to service by certified mail with return receipt requested. Service by mail is complete upon mailing within the fifteen-day period after the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected on a certificate of title shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title.
(5) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the vehicle is deemed forfeited.
(6) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the vehicle is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the vehicle involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to be the legal owner or the person claiming to have the lawful right to possession of the vehicle. The seizing law enforcement agency shall promptly return the vehicle to the claimant upon a determination by the administrative law judge or court that the claimant is the present legal owner under this title or is lawfully entitled to possession of the vehicle.
(7) When a vehicle is forfeited under this chapter the seizing law enforcement agency may sell the vehicle, retain it for official use, or upon application by a law enforcement agency of this state release the vehicle to that agency for the exclusive use of enforcing this title; provided, however, that the agency shall first satisfy any bona fide security interest to which the vehicle is subject under subsection (1)(a) or (c) of this section.
(8) When a vehicle is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the vehicle, the disposition of the vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized from disposition of the vehicle.
(9) Each seizing agency shall retain records of forfeited vehicles for at least seven years.
(10) Each seizing agency shall file a report including a copy of the records of forfeited vehicles with the state treasurer each calendar quarter.
(11) The quarterly report need not include a record of a forfeited vehicle that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.
(12) By January 31st of each year, each seizing agency shall remit to the state an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year for deposit into the behavioral health loan repayment program account created in RCW 28B.115.135 through June 30, 2027, and into the state general fund thereafter.
(13) The net proceeds of a forfeited vehicle is the value of the forfeitable interest in the vehicle after deducting the cost of satisfying a bona fide security interest to which the vehicle is subject at the time of seizure; and in the case of a sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(14) The value of a sold forfeited vehicle is the sale price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing. A seizing agency may, but need not, use an independent qualified appraiser to determine the value of retained vehicles. If an appraiser is used, the value of the vehicle appraised is net of the cost of the appraisal.

[ 2022 c 162 § 2; 2013 2nd sp.s. c 35 § 18; 2009 c 479 § 38; 1998 c 207 § 2; 1995 c 332 § 6; 1994 c 139 § 1.]
NOTES:

Effective date—2022 c 162: See note following RCW 69.50.505.


Effective date—2009 c 479: See note following RCW 2.56.030.


Effective date—1998 c 207: See note following RCW 46.61.5055.


Severability—Effective dates—1995 c 332: See notes following RCW 46.20.308.

Structure Revised Code of Washington

Revised Code of Washington

Title 46 - Motor Vehicles

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.

46.61.065 - Flashing signals.

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.

46.61.085 - Traffic control signals or devices upon city streets forming part of state highways—Approval by department of transportation.

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.

46.61.130 - No-passing zones.

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.

46.61.184 - Bicycle, moped, or street legal motorcycle at intersection with inoperative vehicle detection device.

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.

46.61.205 - Vehicle entering highway from private road or driveway—Vulnerable users of a public way—Fine.

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.

46.61.220 - Transit vehicles.

46.61.230 - Pedestrians subject to traffic regulations.

46.61.235 - Crosswalks.

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.

46.61.295 - "U" turns.

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.

46.61.370 - Overtaking or meeting school bus, exceptions—Duties of bus driver—Penalty—Safety cameras.

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.

46.61.410 - Increases by secretary of transportation—Maximum speed limit for trucks—Auto stages—Signs and notices.

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.

46.61.430 - Authority of secretary of transportation to fix speed limits on limited access facilities exclusive—Local regulations.

46.61.435 - Local authorities to provide "stop" or "yield" signs at intersections with increased speed highways—Designated as arterials.

46.61.440 - Maximum speed limit when passing school or playground crosswalks—Penalty, disposition of proceeds.

46.61.445 - Due care required.

46.61.450 - Maximum speed, weight, or size in traversing bridges, elevated structures, tunnels, underpasses—Posting limits.

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.

46.61.470 - Speed traps defined, certain types permitted—Measured courses, speed measuring devices, timing from aircraft.

46.61.480 - Determination of maximum speed on nonlimited access state highways within tribal reservation boundaries.

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.

46.61.50571 - Alcohol or cannabis violators—Mandatory appearances—Electronic monitoring or alcohol abstinence monitoring.

46.61.5058 - Alcohol violators—Vehicle seizure and forfeiture.

46.61.506 - Persons under influence of intoxicating liquor or drug—Evidence—Tests—Information concerning tests.

46.61.507 - Arrest upon driving under the influence or being in physical control of vehicle under the influence, notation required if child is present—Arrest upon drug or alcohol-related driving offense, child protective services notified if child is...

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.

46.61.524 - Vehicular homicide, assault—Revocation of driving privilege—Eligibility for reinstatement.

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.

46.61.570 - Stopping, standing, or parking prohibited in specified places—Reserving portion of highway prohibited.

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.

46.61.687 - Child restraint system required—Conditions—Exceptions—Penalty for violation—Dismissal—Noncompliance not negligence—Immunity.

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.

46.61.710 - Mopeds, EPAMDs, motorized foot scooters, personal delivery devices, electric-assisted bicycles, class 1 electric-assisted bicycles, class 2 electric-assisted bicycles, class 3 electric-assisted bicycles—General requirements and operation.

46.61.715 - Motorized foot scooters and shared scooters—Local authority may regulate—Contracts offered by scooter share programs to scooter share contractors—Written disclosure.

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.

46.61.758 - Hand signals.

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.

46.61.780 - Lamps and other equipment on bicycles.

46.61.790 - Intoxicated bicyclists.