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STATE v. HOPKINS

No. 46244-0-I.

36 P.3d 1080 (2001)

109 Wash.App. 558

STATE of Washington, Respondent, v. Kathryn M. HOPKINS, Appellant.

Court of Appeals of Washington, Division 1.

As Amended on Reconsideration in Part February 1, 2002.

Attorney(s) appearing for the Case

John Flowers, Everett, for Appellant.

Allyson Zebra, King County Courthouse, Seattle, for Respondent.

BECKER, A.C.J.

Under former RCW 46.61.5055(1), a person convicted for the first time of driving while under the influence must "be punished" by a driver's license suspension or revocation of either 90 days or one year, depending on the person's alcohol concentration. Because the length of the revocation increases upon a finding that the level is 0.15 or greater, that finding is for the jury to make. In this case the sentence included a one-year revocation, based on...

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