MOTOR VEHICLES - PENALTY FOR VIOLATION OF RCW 46.61.505 (1) The penalty provided for in RCW 46.61.515 in the case of a person who is convicted of driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug does not apply to the case of a person who is convicted of being in actual physical control of a nonmoving vehicle upon the public highways while under the influence of or affected by the use of any intoxicating liquor or drugs; in the case of such a person the applicable penalty provisions are contained in RCW 46.64.050.