YOUR COMMUNITY RESOURCE FOR DUI DEFENSE: WASHINGTON STATE DUI BLOG

Can I get an Ignition Interlock License with an Out-of-State Driver's License?

Not yet. Under current law, you must have had a valid Washington State Driver's License that was suspended or revoked because of a DUI and/or Physical Control conviction or a DUI Administrative Action. (this left residents licensed out-of-state, i.e. students, temporary workers among others with no way to drive during a suspension or revocation period) 

Effective, August 1, 2012, any Washington resident would be eligible to apply for the Ignition Interlock License (IIL) - even if not previously licensed in Washington State or elsewhere. However, the Washington Department of Licensing can still require the driver applying for the IIL - to take any applicable driver's licensing examination/tests and have any other applicable temporary restricted license under RCW 46.20.391.  

Can I get an Ignition Interlock License with a Reckless Driving conviction?

Not yet. Under current law, you can only get an Ignition Interlock License (IIL) with a DUI or  DUI Administrative suspension. However, on August 1, 2012 this changes - so if you are lucky enough to obtain a reduction to Reckless Driving and you previously had or have an IIL from a DUI Administrative suspension you will not have to get the occupational restricted license (ORL) for the 30-day Reckless suspension. (you will also get credit on a day-for-day basis)

Special Series: "2012 DUI Law Changes" - additional $20.00 IID fee?

Effective August 1, 2012, there will be a new ignition interlock (IID) fee added to your monthly payment to the ignition interlock company. (IID is typically $60.00-$80.00 a month) The company will then forward those monies to DOL to be deposited into the IID revolving account. Under current law, you only pay an additional $20.00 monthly if you have the ignition interlock license (IIL). 

Special Series: "2012 DUI Law Changes" - Reckless Driving suspension now credited on a day-to-day basis toward the DUI administrative suspension.

Effective August 1, 2012, if you get a reduction or plea bargain from DUI or Physical Control to Reckless Driving you will now get credit on a day-to-day basis toward any administrative suspension from the same incident. Under current law, you could have two (2) separate suspensions "90 days or more for the administrative" (depending on history) and a "30 day suspension" for reckless driving.

You would then be required to get the ignition interlock license (IIL) for the DOL administrative suspension and the occupational restricted license (ORL) for the reckless driving conviction. Whereas, if you were convicted of DUI - you would get credit and need only the IIL. This legislation fixed this bizarre result and discrepancy.

Special Series: "2012 DUI Law Changes" 15-to-1 conversion permitted for EHM.

Effective August 1, 2012, if you have a second, third or subsequent DUI or Physical Control conviction within 7 years and are facing some serious mandatory minimums in EHM (Electronic Home Monitoring, aka house arrest) you now have another option. A change to the DUI laws in 2012 will now allow you to convert that EHM to jail time at a 15-to-1 ratio. The conversion would break down as follows:

• 60 days EHM    =     4 days jail;
• 90 days EHM    =     6 days jail;
• 120 days EHM  =     8 days jail;
• 150 days EHM  =    10 days jail;   

EHM can be expensive and obviously very restrictive. Frankly, many clients prefer just doing the extra days in jail. (with the possibility of 1/3 off for good time) For the most part, I think this is a positive change to the DUI mandatory minimum laws. 

Special Series: "2012 DUI Law Changes" - IID law and new photo requirement:

Effective August 1, 2012, you will be required to have a photo Ignition Interlock Device (IID) installed on all vehicles you drive - if you are required to have a IID by either DOL or the Court. Some Judges already impose this condition - but now it will apply to all IID installations on or after August 1, 2012. Obviously, the objective  is  reasonable enough - precluding others from starting your vehicle for you in order to circumvent the IID.

"When reasonably available in the area, an ignition interlock device must employ technology capable of taking a photo Identification of the user giving the breath sample and recording on the photo the time the breath sample was given." SHB 2443. 

This is another way technology is being used to tighten the screws on Washington State Drivers - even if you have never before been arrested for anything. Remember, you can be required to have the IID without ever being convicted of anything - even if your DUI charges are dismissed.

Special Series: "2012 DUI Law Changes" - DOL Hearing Fee increases to $375.00 on October 1st.

Effective October 1, 2012, the fee for requesting a Washington State Department of Licensing (DOL) Administrative Hearing after a DUI arrest increases to $375.00 - from $200.00. The Civil DOL Administrative Hearing is completely separate from the criminal matter in Court as a result of your DUI arrest.