Wash. Rev. Code § 46.61.502(2004)
Driving under the influence
(1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:
- And the person has, within two hours after driving, 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
- While the person is under the influence of or affected by intoxicating liquor or any drug; or
- While the person is under the combined influence of or affected by intoxicating liquor and any drug.
Wash. Rev. Code § 46.61.5055(4) (2005)
Alcohol violators -- Penalty schedule
(4) If a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court shall:
- In any case in which the installation and use of an interlock or other device is not mandatory under RCW 46.20.720 or other law, order the use of such a device for not less than sixty days following the restoration of the person's license, permit, or nonresident driving privileges; and
- In any case in which the installation and use of such a device is otherwise mandatory, order the use of such a device for an additional sixty days.
(5) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider the following:
- Whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property; and
- Whether at the time of the offense the person was driving or in physical control of a vehicle with one or more passengers.