When facing a DUI in Washington State there are a couple different points when the ignition interlock device (IID) could be required: at the first court appearance, after a Department of Licensing (DOL) administrative action and after the court case is resolved. The IID is a device that requires a driver to submit a breath sample both before the vehicle will start and also intermittently while the vehicle is running. Usually, the first time there is danger of the IID being required is right after the event at first court appearance.
In Spokane County most folks accused of a DUI have a first court appearance on the next business day after their arrest. During this hearing the judge may order installation of the IID. The judge is required by Washington State law to impose the IID at this first appearance, if the person accused has ever been convicted of a prior DUI offense or had a DUI accusation that was later amended to a handful of other charges, like Reckless Driving. This law requiring the IID is solely based upon the prior offense and is triggered no matter how long ago the prior was, how low the new breath test is or even if the new DUI accusation resulted in a blood draw and the results are still pending.
The next danger point for the IID is after a DOL administrative action. The law allows the Washington State DOL to take away a driver’s license 30 days after a DUI arrest or if the driver loses their DOL administrative hearing. If DOL suspends the license of a Washington State resident then the driver may obtain an Ignition Interlock License. Of course, this license requires the IID.
Lastly, the IID may be required based upon the final resolution on a DUI court case. There are several different court resolutions that can lead to different IID durations. Based upon these various court resolutions, the IID might not be required at all. If required, then it could be as short as 6 months, as long as 10 years and several different durations in between. Sometimes the court case may not result in an IID requirement, but due to the DOL’s administrative action folks may still need the IID to drive.
DUI laws are complicated and are always changing. To ensure you get accurate advice for your situation, please contact Cooney Law Offices. We can help.