Ignition Interlock Laws
An arrest for suspected driving under the influence (DUI) in Washington results in driver’s license revocation. A driver may request an administrative hearing before a state agency to contest a license revocation, and if successful, may be able to have the license reinstated. An alternative is to request an ignition interlock driver license (IIL). This allows a person to use their vehicle after installation of an ignition interlock device (IID), which prevents a vehicle from starting if the driver’s breath shows a breath alcohol content (BAC) above a certain level.
An IID is a device that tests a driver’s breath to determine BAC. It prevents the engine from starting if the BAC reading is 0.025 percent or higher. An IID must be installed by a state-certified installer, who provides proof of installation to the state’s Department of Licensing. The driver is responsible for the cost of installing and maintaining the IID, although the state offers financial assistance for people who meet state poverty guidelines.
State law requires installation of an IID for a minimum period after a conviction for DUI and other driving-related offenses. For a first DUI offense, the minimum period that the state requires an IID is one year. For a second offense, the period is five years, and for subsequent offenses, it is ten years.
Ignition Interlock Driver License
After an arrest for DUI, a person may be able to obtain an IIL, which is a driver’s license conditioned on the use of an IID. Applying for an IIL waives the right to request an administrative hearing to contest the license revocation. An IIL is not available to a person whose license revocation involves a minor in possession charge, or someone classified as a habitual traffic offender. An application for an IIL requires proof of financial responsibility, such as SR-22 insurance, and proof of IID installation.
Removal of Ignition Interlock Device
A driver may have the IID removed after the end of the minimum period required by law, but the IID installer must provide proof to the Department of Licensing that, during the four-month period prior to seeking removal of the device, the driver has not attempted to start the vehicle with a BAC of 0.04 percent or higher, failed to maintain the IID properly, failed to pass retests required by law, or missed any such retests. Early removal of an IID results in suspension of driving privileges. Removing an IID while a restricted license, including an IIL, is in effect results in cancellation of the license. Removal of an IID after reinstatement of a person’s driver’s license, but before the end of the required IID period, results in license suspension.
Washington state law and the U.S. Constitution guarantee you certain rights in criminal investigations and prosecutions. If you have been charged with an alleged DUI offense, you should consult with an experienced DUI defense attorney, who can advise you of your rights in both a criminal case and an administrative license suspension matter.
If you are facing criminal charges, it is crucial to have effective representation immediately. An alleged DUI charge does not mean Guilty! Even if you think the facts of the case aren’t in your favor, having the best possible criminal representation can be the difference between jail time and probation, or having your record destroyed with an avoidable felony or misdemeanor conviction. At Snohomish Law, our criminal defense attorneys give you time and attention, to ensure you are treated fairly under the criminal justice system.
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“He is very knowledgeable in the DUI field and was able to guide me throughout the process. My case did go to trial as the public prosecutor was not giving any good negotiation. Scott analyzed the case and told me to take it to trial.”- Former Client
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“We appreciate his rapid responses to our questions, and the peace of mind knowing we had his experience on our side.”- Elizabeth
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“Not only did he win my trial, but his knowledge of the details and his negotiation skills were instrumental in achieving a successful outcome. He was able to navigate the complex legal system with ease and always had my best interests in mind.”- Former Client
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“As an experienced attorney, Scott worked diligently to present the facts of the case and ended up winning the case at trial. We would recommend Scott Lawrence, Attorney at Law, to anyone facing criminal charges.”- Former Client
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“I am incredibly grateful to Snohomish Law for their dedication and expertise in resolving my case. They were professional, compassionate, and kept me informed throughout the process.”- Justin K.
