A. DWLS/DWLR first degree or second degree. When a vehicle is impounded because the operator is in violation of RCW 46.20.342 (1) (a) or (b), (DWLS/DWLR first or second degree), the vehicle will be held, at the written direction of the county sheriff, one of his/her deputies, or any Washington State patrol officer, in impound before it may be redeemed for:
1. Up to thirty days when the department of licensing's records show that the operator has no prior conviction of RCW 46.20.342 (1) (a) or (b) or a similar local ordinance within the past five years;
2. Up to sixty days when the department of licensing's records show that the operator has been convicted once of RCW 46.20.342 (1) (a) or (b) or a similar local ordinance within the past five years; and
3. Up to ninety days when the department of licensing's records show that the operator has been convicted two or more times of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five years.
B. DWLS/DWLR Third Degree. When a vehicle is impounded because the operator is in violation of RCW 46.20.342 (1) (c) (DWLS/DWLR Third Degree), the vehicle will be held at the written direction of the county sheriff, one of his/her deputies or any Washington State patrol officer, in impound before it may be redeemed as follows:
1. The sheriff shall issue an immediate written order of release of the vehicle from impound upon the owner's compliance with the provisions of Section 4 when the department of licensing's records show that the operator has no prior conviction of RCW 46.20.342 or a similar local ordinance within the past five years; and
2. Thirty days when the department of licensing's records show that the operator has one or more convictions of RCW 46.20.341 (1) (a), (b) or (c) or a similar local ordinance within the past five years.
C. Hardship Release. The law enforcement agency which has impounded the vehicle may issue a written order to immediately release the vehicle from impound before the expiration of the impound period on the basis of economic or personal hardship to the owner of the impounded vehicle, or if impoundment would be unfair under the circumstances, (provided the owner is not the offender), taking into consideration public safety factors, including but not limited to, the operator's relationship to the owner, the operator's criminal history and driving record, and whether the owner knew about the operator's driving record or license status. (Ord. 1999-08)