How should the court document that a DUI citing includes a youth (child under 16 years of age) in the vehicle?
ESHB 2302 from the 2012 Legislative Session states that when a defendant is convicted of a violation of RCW 46.61.502 - DUI or RCW 46.61.504 - Physical Control, and the offense was committed while a passenger under the age of sixteen (16) was in the vehicle the court:
- Shall order the use of an ignition interlock or other device for an additional six months.
- Must order an enhanced fine under RCW 46.61.5055(6) based on the number of prior DUI offenses.
New codes will be created to document a conviction where a passenger under the age of sixteen (16) was in the vehicle. For the Courts of Limited Jurisdiction, two new Finding/Judgment Codes will be added.
- GY - Guilty - Youth in Vehicle
- GZ - Guilty - Youth in Vehicle, Deferral/Deferred Prosecution Revoked
These codes are available as of September 4, 2012.
AOC is not taking a position on whether the fines imposed under RCW 46.61.5055(6) are additional or a replacement for the fines imposed under RCW 46.61.5055(1)-(3). For that reason, AOC has provided two different ways to enter the enhanced fines and two new A/R Codes have been created. The A/R Codes are available for use beginning June 7, 2012.
Enhanced fines in addition to the regular DUI fines:
Courts should enter the fines imposed under RCW 46.61.5055(1)-(3) the same way a regular DUI fine would be added. The courts must then use the following codes to add the Youth in Vehicle enhanced fines:
- Superior Courts should use A/R Type Code YIV = Fine, Youth in Vehicle
- Courts of Limited Jurisdiction should use Cost Fee Code YIV = Youth in Vehicle
Enhanced fines replacing the regular DUI fines:
If the Youth in Vehicle enhanced fines are ordered on a case instead of the regular DUI fines, the courts shall enter the enhanced fines in the Create A/R (CAR) screen the same way the regular DUI fine would be added. In these cases, the new YIV code would not be used.
A chart of DUI Fine Amounts is attached at the bottom of this answer. The chart lists the minimum and maximum DUI fines, enhanced fines, and totals if both are ordered.
RN id: 2268"