SIGNIFICANT CHANGES TO DUI LAW - 2009
IGNITION INTERLOCK LICENSES; THE DEPARTMENT OF LICENSING HEARING REQUEST TIMELINE IS NOW 20 DAYS, NOT 30 DAYS.

1. Washington State now allows for an "Ignition Interlock License" (“IIL”) when your license is suspended because of a DUI arrest in Western Washington.
2. The time period for requesting a Department of Licensing administrative hearing to contest the implied consent license suspensions, (totally separate from the criminal suspensions) has been changed from 30 days to 20 days from the date of arrest.

Up until December 31, 2008, if your license was suspended because of a DUI arrest or conviction, there was a substantial waiting period to obtain an “occupational license”, which limited the days and hours of driving allowed, and also required (1) a signed affidavit from an employer, (2) installation of an ignition interlock device and (3) SR22 insurance. As of January 1, 2009, Occupational licenses have become a thing of the past, removing the waiting periods and the requirement for employer affidavits. Even refusal of BAC cases and people with multiple convictions are now able to get a new type of license called an "Ignition Interlock License," which upon application, allows an individual to drive 24 hours a day, 7 days a week for any reason without restriction if they file proof of (1) ignition interlock installation and (2) SR22 insurance. (There is an exception for work vehicles so that you won't need to have an ignition interlock on them if your employer provides the DOL with a declaration). The DOL has information on their web site at http://www.dol.wa.gov/driverslicense/iil.html on how to apply.

IGNITION INTERLOCK LICENSES  

- Ignition Interlock Licenses are available if your license has been suspended by the DOL for a DUI arrest or conviction in the greater Puget Sound Region; having an IIL allows you drive 24 hours a day; 7 days a week without limitation (not just work).

- To receive an IIL you must apply with the Department of Licensing (http://www.dol.wa.gov/driverslicense/iil.html). There is a $100 fee for the application, as well as a monthly fee of $20 to help defray the cost for indigent citizens. You will also need to have an ignition interlock on any vehicle you drive and SR 22 insurance before you can apply.

-As far as where to get your interlock device, there are many companies that lease or otherwise rent these devices.

IMPORTANT QUESTIONS/ ANSWERS IN RELATION TO IIL’S

-Should a person still request an administrative hearing under RCW 46.20.308 within 20 days? And if he/she does, can he/she still apply for an IIL?

Yes. An experienced Seattle DUI attorney should be able to tell from the discovery process in your case if you are likely to prevail at the hearing and even if you have the hearing and fail to reverse the suspension, you are still eligible for the IIL. However, once you apply for the IIL you will lose the right to any further challenge to the suspension.

-When should a person request an IIL?

A person should request an IIL after speaking to an attorney and in his/her opinion it is determined that is the best course of action. DOL is at times horribly slow to process such applications so some planning and consideration needs to be made to try and prevent a person from being without a license due to bureaucracy.  Currently it is taking the Department of Licensing approximately one week to process IIL applications.

-Does one have to get an ignition interlock on his/her work vehicle?

While the regular IIL no longer requires an employer affidavit like the old occupational licenses did, if you are going to be driving an employer owned vehicle for work purposes, the employer must provide a declaration stating that your work requires you to operate a vehicle owned by the employer during working hours.

-How long does one have to have an IIL?

For the length of the imposed suspension/ revocation.

-What happens if one violates the terms of his/her IIL?

Violation of the terms of an IIL license is a criminal offense punishable by up to 6 months in jail and up to a $250 fine.

-If one has a Commercial Driver's License, can he/she drive his/her commercial vehicle with an IIL?

Commercial Drivers Licenses (CDL's) are not covered by the new IIL law.

SQ Attorneys is a highly skilled and experienced team of practitioners immensely dedicated to aggressively protecting the rights and interests of those accused of DUI in the Greater Puget Sound region.  The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that their client’s integrity and overarching humanity, as well as the totality of the facts and circumstances related to the allegations, are considered in creating a just, fair and equitable resolution.

If you or a loved one is charged with Driving Under the Influence in Pierce County, King County, Snohomish  County, Kitsap County, Thurston County or one of the following cities or towns: Algona, Bellevue, Black Diamond, Bonney Lake, Bothell, Burien, Des Moines, Duvall, Edmonds, Enumclaw, Everett, Federal Way, fife, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Lake Stevens, Lakewood, Lynnwood, Maple Valley, Marysville, Medina, Mercer Island, Milton, Monroe, Mountlake Terrace, New Castle, Normandy Park, North Bend, Olympia, Puyallup, Redmond, Renton, Sammamish, Sea Tac, Seattle, Shoreline, Snohomish, Sumner, Tacoma, Tukwila, University Place, and/or Woodinville, or any other city or town in Western Washington, call The Criminal Defense Team of SQ Attorneys at (206) 441-0900 for an initial free consultation.