Many people have recently inquired as to what the four month ignition interlock device requirement law is in Washington State. Until relatively recently, someone stuck with an ignition interlock could have the device removed without much trouble when the required “interlock time” had been served. The right is now a bit more complicated. The law now prevents the removal of the ignition interlock device, despite the driver having served the statutorily required “ignition interlock time,” when the Department of Licensing has on record a declaration from the ignition interlock provider that states that one of the following occurred within the previous four months prior to lawful removal of the device: (1) An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more; (2) Failure to take or pass any required retest; (3) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.
The law, in essence, keeps the ignition interlock requirement in place potentially forever; if any of the above occurs within four months of the date, the law prohibits removal of the device. The law essentially places the driver at the mercy of the ignition interlock provider’s business practices. Some vendors will timely file the appropriate document with the DOL, others may not. The law unfortunately does not provide any avenue of relief for the driver who is otherwise eligible to have the ignition interlock device removed where the vendor is dragging his feet in filing the necessary paperwork with the department of licensing.
Based on the above, a driver subject to Washington’s current ignition interlock laws is well advised to choose an ignition interlock provider carefully. The driver must ensure that the device is the most reliable available and that the vendor has a process in place to timely file all necessary documents with the department of licensing.
If you or a loved one is faced with a DUI charge in Western Washington, you deserve the assistance of a reputable and qualified Seattle DUI attorney who will relentlessly defend your case. You deserve a Seattle DUI lawyer who has an intimate understanding of Washington DUI laws and the legal issues that could win your case. You deserve a Seattle DUI defense attorney who is not afraid to stand up against the prosecution and aggressively fight for your rights and interests. SQ Attorneys is the right Western Washington DUI law firm for the job. Call for a free initial consultation – (206) 441.0900 (Seattle); (425) 998-8384 (Eastside) – it will be the best decision you make all day.
