State v. Hopkins

(dissenting) — Under Apprendi v. New Jersey,6 only those facts that increase the statutory maximum sentence must be determined by the trier of fact. The fact of a blood alcohol concentration of .15 or above does not increase the statutory maximum penalty for driving while under the influence of intoxicating liquor. License suspension is a consequence of conviction, but is not a part of a defendant’s sentence. And even if it were, former RCW *57146.61.5055 (1998) set forth the minimum length of license suspension, not the maximum. Apprendi is therefore not applicable.

The majority is incorrect in…