Seattle DUI Attorney, Nate Webb, explains Ignition Interlock Devices
Ignition Interlock Device Defined
Those sound like a pretty bad group of words and most of us want to avoid the restriction when possible. IIDs, as we refer to them, are commonplace in the area of Washington DUI Defense and are typically imposed by judges at arraignment as a condition of release. Basically it is a "blow and go" device which requires a breath sample to start your vehicle and periodically (yes while driving) require a sample during operation of the motor vehicle (is this a liability? I think so - apparently the legislature doesn't think it is safe for persons to talk on a cellphone while driving but require persons to submit to a sample of their breath while driving, yes this is true!). All of these devices now require a camera to ensure the person required to submit a sample is not having someone else do the sampling. Additionally, anyone who has a prior offense as outlined in RCW 46.61.5055 who is arrested for DUI must after their first hearing (arraignment) be ordered by the court to install an ignition interlock device during the pendency of the case.
These IIDs are required for drivers convicted of a DUI or Physical Control (1 year on a first offense and up as convictions increase). Also, if an individual wishes to drive during any period of suspension based upon a DUI arrest, they must install a functioning IID on any vehicle they drive. This Restricted Driver's License requires both the IID and SR-22 Insurance. In addition to mandatory impositions of IIDs upon DUI convictions, if you are charged with a subsequent DUI and/or Physical Control offense and it is reduced/amended to Reckless Driving or Negligent Driving in the First Degree, you will be required to operate a motor vehicle only with a functioning ignition interlock device for an additional 6 months. A person convicted of DUI or Physical Control must also have an IID for an additional 6 months if they had a passenger under the age of 16 with them.
If I enter a Deferred Prosecution do I need an IID?
Additionally, any person who enters in a Deferred Prosecution will have to install an Ignition Interlock Device on any vehicle they drive for a minimum of one year, this includes Deferred Prosecutions for Mental Health if the underlying offense was a DUI under RCW 46.61.502 or Physical Control charge under RCW 46.61.504.
See the following links for further information regarding IIDs.
RCW 46.04.215 Ignition interlock device.
RCW 46.20.720 Drivers convicted of alcohol offenses.
RCW 46.20.740 Notation on driving record — Verification of interlock — Penalty.
RCW 46.20.745 Ignition interlock device revolving account program — Pilot program.
RCW 46.20.750 Circumventing ignition interlock — Penalty.
RCW 46.20.385 Ignition interlock driver's license — Application — Eligibility — Cancellation — Costs — Rules.
RCW 43.43.395 Ignition interlock devices — Standards — Compliance.
WAC 204-50-110 Mandatory requirements for an ignition interlock device.
If you have any questions or concerns regarding an Ignition Interlock Device, please call Nate Webb at (425) 522-4200.