DOL, IIL, IID and Impaired Driving FAQs

WDA Webinar Presentation: DOL, IIL, IID and Impaired Driving FAQs

July 2011

By Patricia Fulton

Available here:

Dealing with the DOL

"Dealing with the DOL makes me want to commit violent acts - how do you do it without ending up in prison yourself?"

Rule #1 - Never ever call the DOL on the phone

Resources for your and your client - use email / website

Website resources - lots of general information available.

Can also access information specific to your client.

  • Current license status
  • Instruction for reinstatement
    • Individualized instructions for your client
    • Requires personal information
    • Does NOT indicate eligibility for IIL or other temporary restricted license.

Email:  drivers@dol.wa.gov

Takes you to the front line customer service representatives

Rule #2 - Never ever assume the DOL knows the correct answer!

IIL v. IID

Ignition Interlock License

  • Requires an Ignition Interlock Device on some vehicle
  • Type of Temporary restrictions license
  • Must carry SR-22 insurance
  • Must submit application and fee to DOL

Ignition Interlock Licenses and Devices

"I'm confused, everyone keeps using these acronyms and I can't remember what the difference between an IIL and an IID is –aren't they just the same thing?"

Ignition Interlock Device

Required in circumstances when license is not revoked / suspended

IIL and IID Relevant Laws

  • RCW 46.20.380-410:  Ignition Interlock License and other Temporary Restricited License
  • RCW 46.20.710 - 755: Alcohol Detection Devices
  • WAC 204-50-010-160: Ignition Interlock Breath Alcohol Devices
  • WAC 308-107-010 to 080: Ignition Interlock Driver's License

When is a IID required?

"My client is concerned that install an IID will make it difficult to get home from the bar, will he be required to install one?"

Ignition Interlock Device Required

  • As a condition of release ordered by the court. Condition of pre-trial release under CrRLJ3.2
  • During any period of suspension (due to conviction or admin suspension) if they want to drive with an IIL.
    • Must install on a vehicle.
    • Can drive employer owned vehicles for work purposes without IID with employer declaration.
  • Court MAYorder IID for ANYconviction for an offense involving the use, consumption possession of alcohol while operating motor vehicle. RCW 46.20.720(1).
  • For any conviction for DUI or Physical Control.
    • Drug or alcohol.
    • Court must order under 46.61.5055 & 46.20.720 (2).
    • DOL will require under 46.20.720(3).

DOL hearing loss and IIL

"We just lost my client's DOL hearing. My client really wants to keep driving, what are his options?"

Eligibility for an IIL

Anyone who loses their license due to the following is eligible:

  • Convicted for any DUI or physical control or Vehicular Assault or Vehicular Homicide under the DUI prong.
  • Implied consent administrative hearing loss.
    • Refusal or non-refusal.
    • Prior history irrelevant.

Not Eligible for IIL

  • Any other type of suspension: Reckless driving, HTO, DWSL 2nd, etc.
  • However, may be eligible for an ORL.
  • May be eligible for IIL and ORL.

How to get an IIL

Good instructions on DOL web site with links to application forms.

Requires:

  • Proof of SR-22 Insurance,
  • Proof of IID installed,
  • Application to DOL with $.

Indigent Drivers

"My client is indigent and can't afford the expense of the ignition interlock device –what are his options?"

Help for Low Income Drivers

Funds available to help pay for the cost of IID installation, lease, and removal.–For IIL only!

Application and instructions on DOL web site at: http://www.dol.wa.gov/driverslicense/iil.html

If approved must reapply every year. If denied can reapply every six months.

IID Credit

"My client has had an IID device installed since her arraignment, will she get credit for this IIL use?"

Credit for Time with IID

  • Incidents occurring on or after September 1, 2011.
  • DOL required to give day for day credit for use of IID on all vehicles driven from date of incident.
  • Employer exception applies.

Drug cases and IID

"What about drug cases? My client was impaired by drugs, but no alcohol. Will he still need to install an IID?"

IID and Drug related cases

IID required on all DUI and physical control convictions regardless of drug or alcohol impairment.

IIL now available for suspensions due to drug related convictions.

Employer owned vehicles and IID

"My client drives a company van for work –does he need to install the IID in it?"

Employer Exceptions to IID

The installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours.

RCW 46.61.5055, RCW 46.20.385 and RCW 46.20.720

Employer Exceptions to IID

  • Must submit employer declaration to DOL.– Instruction form
  • Must have IID installed on something to maintain an IIL.
  • Must still satisfy 4 month pre-release period.
  • If IID as condition of release –ask judge to make this exception in order.

Length of IID requirement

"My client has a prior DUI conviction from 10 years ago, if he is convicted again, how long will he need to have an IID?"

Length of IID Restrictions

RCW 46.20.720(3)(a) –(c)

  • 1 year if no prior IID restriction.
  • 5 years if one prior IID restriction.
  • 10 years if two or more prior restrictions.

IID order shall remain in effect until: DOL receives a declaration from IID provider certifying a lack of specific violations during the four months prior to date of release.

  • An attempt to start the vehicle with a BAC of .04 or greater,
  • Failure to take or pass any required retests; or
  • Failure of the person to appear and IID vender for maintenance, repair, calibration, etc.

No remedy/procedure for disputes.

Deferred Prosecutions and IID

"I'm confused about the length of IID required for a deferred prosecution. I keep getting different information from the DOL? What exactly will be required of my client if he enrolls in a deferred prosecution?"

Deferred Prosecutions and IIDs

DP no longer requires an application for an IIL –so no SR-22 insurance.

DOL no longer requires IID for 2 years on a DP.

Effective September 1, 2011: IID required for same period of time as would be for conviction (1, 5, or 10 years).

Violations of IID and IIL

"My client wants to know how much trouble he will be in if he is caught driving without an ignition interlock device. What do I tell him?"

IID/IIL violations

  • Driving without a functioning IID when required by 46.20.720, 46.61.5055, or 10.05.140 is a gross misdemeanor. RCW 46.20.740.
  • Violating and restrictions of IIL gross misdemeanor. RCW 46.20.410.
  • IID related crimes (RCW 46.20.750):
    • Tamper, circumventing, etc. is a gross misdemeanor.
    • Assisting another also gross misdemeanor.

DWLS in the ? Degree.

Driver is not considered “eligible to reinstate” for purposes of DWSL 3rdif eligible for ILL. RCW 46.20.342.

DOL suspends license because of notification that IID is not installed. What degree?

Reckless Driving suspension while on IIL

"My client lost her license for a year at the administrative hearing and just entered a plea to reckless driving. She has an IIL. Can she still driving during the 30 day reckless driving suspension?"

Overlapping Suspensions

  • Client must apply for both an IIL and an ORL/TRL to drive during this time.
  • Get new letter from DOL which is the IIL/ORL.

Court orders to apply for an IIL

"My client doesn't own a car and doesn't drive, if she is convicted of DUI will she still need to have an IID and an IIL?"

“Other Alcohol Monitoring”

  • Court may NOT waive IID requirement.
  • Court may waive requirement for IIL application under certain circumstances.
  • If court waives IIL requirement and orders abstinence must also require “other alcohol monitoring.”
  • Clarification that the time period for “other alcohol monitoring” is for the period of mandatory suspension.

IID requirement expansions

"My client will end up with a reckless driving conviction on his case. He will not have to install and IID then, right?"

Increased IID requirements

New IID requirements for:

  • Reckless driving - if originally filed as DUI, physical control, vehicular homicide or vehicular assault under DUI prong.
  • Negligent driving 1st degree.

IID required for six months if prior defined by RCW 46.61.5055(14).

Also subject to 4 months of compliance requirement of 46.20.720 (4).

DUI Mandatory Minimum Jail

I heard a rumor that the mandatory minimum jail time for DUIs was going to increase –is that true?

Impaired Driving Penalty Increases

  • No increases to DUI or physical control mandatory minimums.
  • Any DUI or physical control will be a felony if driver has a prior felony DUI or physical control.
  • Prior offense in 46.61.5055(14) expanded to include any conviction for vehicular assault or vehicular homicide if originally filed under DUI prong.
  • Mandatory sentence enhancements for vehicular assault and vehicular homicide increase.
  • All enhancements for prior offenses as defined by 46.61.5055 shall be mandatory, shall be served in total confinement, and shall run consecutively to all other sentence provisions.

Mandatory Tow and Impound

"My client's car was legally parked when he was arrested and the officer still had it towed, did he have to do that?"

Senate Bill 5000 “Hailey's Law”

Requires mandatory impound and hold of vehicle when driver arrested for DUI or physical control.

Upon impound, may not be redeemed for 12 hours.

Exceptions: Exigent circumstances or if officer waits 30 minutes and no tow –can legally park and leave.

Final New Changes

DUI Courts–New section added in RCW 2.28 authorizing the creation of “DUI courts”.

Victim Panel Registry–Creates minimum requirements and registry.

BAC fee increase from $125 to $200.

Full WDA Webinar presentation available here:

Facing a DUI Charge in Washington State?

Call Now: 206-467-2607

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