- DUI (Driving Under the Influence)
- Physical Control Under the Influence
- Fail to Use Ignition Interlock Device
- Reckless Driving
- Negligent Driving 1st Degree
- Boating Under the Influence
- Reckless Boating
- Speeding
- Commercial Driver’s License
- Speeding in a School Zone
- Speeding in a Construction Zone
- Red Light Camera
- School Bus Camera
- Cell Phone Use While Driving
- Negligent Driving 2nd Degree
For Details, See Below
DUI
RCW 46.61.502 Driving under the influence.
(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state
When you are charged with drunk driving, you may face mandatory imprisonment, prolonged license suspension or revocation, and years of probation. Most drunk driving is charged as a misdemeanor. This means you could face up to 364 days in jail, a fine of $5,000, and an extended period for suspension of your driver’s license.
Physical Control
RCW 46.61.504 Physical control of vehicle under the influence.
(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state
Physical Control of a Vehicle Under the Influence (or “Physical Control” for short) is usually charged as a gross misdemeanor. The maximum penalty for a gross misdemeanor is 364 days in jail and a $5,000 fine. Anyone charged with physical control could be subject to jail time or a lengthy term of probation.
Ignition Interlock
RCW 46.20.720 Ignition interlock device restriction.
A person who has an Ignition Interlock device installed may have been court ordered to do so because of a DUI, Physical Control, Reckless Driving, or Negligent Driving case. Where a person is accused of driving without an ignition interlock device, they face a gross misdemeanor criminal charge. Therefore, they may face up to 364 days in jail and a $5,000 fine for each violation of the ignition interlock device requirement.
Reckless Driving
RCW 46.61.500 Reckless driving—Penalty.
(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to three hundred sixty-four days and by a fine of not more than five thousand dollars.
Reckless driving in Washington is a gross misdemeanor. A reckless driving charge carries up to 364 days in jail and a $5,000 fine. A person may be charged with reckless driving after being accused of speeding excessively or driving erratically. A reckless driving conviction may also be the result of a DUI plea negotiation.
Negligent Driving
RCW 46.61.5249 Negligent driving—First degree.
(1)(a) A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or marijuana or any drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.
RCW 46.61.525 Negligent driving—Second degree.
(1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.
Negligent driving in Washington is divided into two degrees. Negligent driving in the first degree and negligent driving in the second degree. Negligent driving in the first degree is more serious. It carries a maximum penalty of 90 days in jail and a $1,000 fine. Negligent driving in the second degree is a traffic infraction that does not carry any possible jail term.
Boating Under the Influence
RCW 79A.60.040 Operation of vessel in a reckless manner—Operation of a vessel under the influence of intoxicating liquor, marijuana, or any drug—Consent to breath or blood test—Penalty.
(2) It is unlawful for a person to operate a vessel while under the influence of intoxicating liquor, marijuana, or any drug. A person is considered to be under the influence of intoxicating liquor, marijuana, or any drug if, within two hours of operating a vessel: (a) The person has an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or (b) The person has a THC concentration of 5.00 or higher as shown by analysis of the person’s blood made under RCW 46.61.506; or (c) The person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or (d) The person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.
Boating under the influence is a gross misdemeanor. This gross misdemeanor carries up to 364 days in jail and a $5,000 fine. Law enforcement agencies work hard, especially during SeaFair, to find boaters who are under the influence. Their enforcement is especially strong on Lake Union, Lake Washington, and Lake Chelan, during weekends and holidays.
Reckless Boating
RCW 79A.60.040 Operation of vessel in a reckless manner—Operation of a vessel under the influence of intoxicating liquor, marijuana, or any drug—Consent to breath or blood test—Penalty.
(1) It is unlawful for any person to operate a vessel in a reckless manner.
Reckless boating is a misdemeanor criminal offense. It carries a maximum penalty of 90 days in jail and a $1,000 fine. A plea to reckless boating may result from a charge of boating under the influence.
Traffic Ticket
RCW 46.63.010 Legislative intent. It is the legislative intent in the adoption of this chapter in decriminalizing certain traffic offenses to promote the public safety and welfare on public highways and to facilitate the implementation of a uniform and expeditious system for the disposition of traffic infractions.
RCW 46.63.020 Violations as traffic infractions—Exceptions.
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution
Speeding
RCW 46.61.400 Basic rule and maximum limits.
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
Commercial Driver's License
RCW 46.25.050 Commercial driver’s license required—Exceptions, restrictions, reciprocity.
(1) Drivers of commercial motor vehicles must obtain a commercial driver’s license as required under this chapter. Except when driving under a commercial learner’s permit and a valid driver’s license and accompanied by the holder of a commercial driver’s license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver’s license and applicable endorsements valid for the vehicle they are driving.
Red Light Camera
RCW 46.63.170 Automated traffic safety cameras—Definition.
(1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to the following requirements
School Bus Camera
RCW 46.63.180 Automated school bus safety cameras—Definition.
(1) School districts may install and operate automated school bus safety cameras on school buses to be used for the detection of violations of RCW 46.61.370(1)
Speeding School Zone
RCW 46.61.400 Basic rule and maximum limits.
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
RCW 46.61.440 Maximum speed limit when passing school or playground crosswalks—Penalty, disposition of proceeds.
(1) Subject to RCW 46.61.400(1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs. The speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk.
(2) A county or incorporated city or town may create a school or playground speed zone on a highway bordering a marked school or playground, in which zone it is unlawful for a person to operate a vehicle at a speed in excess of twenty miles per hour. The school or playground speed zone may extend three hundred feet from the border of the school or playground property; however, the speed zone may only include area consistent with active school or playground use.
(3) A person found to have committed any infraction relating to speed restrictions within a school or playground speed zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
Speeding Construction Zone
RCW 46.61.400 Basic rule and maximum limits.
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
RCW 46.61.527 Roadway construction zones.
(1) The secretary of transportation shall adopt standards and specifications for the use of traffic control devices in roadway construction zones on state highways. A roadway construction zone is an area where construction, repair, or maintenance work is being conducted by public employees or private contractors, on or adjacent to any public roadway. For the purpose of the pilot program referenced in section 218(2), chapter 470, Laws of 2009, during the 2009-2011 fiscal biennium, a roadway construction zone includes areas where public employees or private contractors are not present but where a driving condition exists that would make it unsafe to drive at higher speeds, such as, when the department is redirecting or realigning lanes on or adjacent to any public roadway pursuant to ongoing construction.
(2) No person may drive a vehicle in a roadway construction zone at a speed greater than that allowed by traffic control devices.
(3) A person found to have committed any infraction relating to speed restrictions in a roadway construction zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
Cell Phone Ticket
RCW 46.61.672 Using a personal electronic device while driving.
(1) A person who uses a personal electronic device while driving a motor vehicle on a public highway is guilty of a traffic infraction and must pay a fine as provided in RCW 46.63.110(3).
Intermediate License
RCW 46.20.075 Intermediate license.
(1) An intermediate license authorizes the holder to drive a motor vehicle under the conditions specified in this section. An applicant for an intermediate license must be at least sixteen years of age and: (a) Have possessed a valid instruction permit for a period of not less than six months; (b) Have passed a driver licensing examination administered by the department; (c) Have passed a course of driver’s education in accordance with the standards established in RCW 46.20.100; (d) Present certification by his or her parent, guardian, or employer to the department stating (i) that the applicant has had at least fifty hours of driving experience, ten of which were at night, during which the driver was supervised by a person at least twenty-one years of age who has had a valid driver’s license for at least three years, and (ii) that the applicant has not been issued a notice of traffic infraction or cited for a traffic violation that is pending at the time of the application for the intermediate license; (e) Not have been convicted of or found to have committed a traffic violation within the last six months before the application for the intermediate license; and (f) Not have been adjudicated for an offense involving the use of alcohol or drugs during the period the applicant held an instruction permit.
RCW 46.20.267 Intermediate licensees. If a person issued an intermediate license is convicted of or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate license under RCW 46.20.075:
(1) On the first such conviction or finding the department shall mail the parent or guardian of the person a letter warning the person of the provisions of this section;
(2) On the second such conviction or finding, the department shall suspend the person’s intermediate driver’s license for a period of six months or until the person reaches eighteen years of age, whichever occurs first, and mail the parent or guardian of the person a notification of the suspension;
(3) On the third such conviction or finding, the department shall suspend the person’s intermediate driver’s license until the person reaches eighteen years of age, and mail the parent or guardian of the person a notification of the suspension. For the purposes of this section, a single ticket for one or more traffic offenses constitutes a single traffic offense.