Ignition Interlock Licenses and Ignition Interlock Devices
New Legislation Brings Benefits (mostly)
Washington Defense Magazine, May 2010
By Patricia Fulton
Effective January 1, 2011, 2SHB 2742 will bring some significant changes to Washington's Ignition Interlock License (IIL) and Ignition Interlock Device (IID) laws. While not all of the changes will benefit our clients, several big changes will. For example, this legislation increases the number of Washington Drivers eligible for an Ignition Interlock License. 2742 additionally expands the Ignition Interlock Device exception from employer owned vehicles to include options for drivers working as mechanics and valets and those driving vehicles rented by an employer for work purposes.
Specifically, 2SHB 2742 includes the following changes:
Extends Eligibility for Ignition Interlock License:
- Drug Related Convictions: Extends IIL eligibility to anyone convicted of DUI (RCW 46.61.502), Physical Control (RCW 46.61.504), or an equivalent local or out of state statute. This change extends IIL eligibility to those convicted of drug related cases. RCW 46.20.385(1)(a); 2SHB 2742 § 1.
- Vehicular Assault and Vehicular Homicide: Extends IIL eligibility to drivers revoked for DUI related Vehicular Assault (RCW 46.61.520(1)(a)) and Vehicular Homicide (RCW 46.61.522(1)(b)). Extends Ignition Interlock License eligibility to people with prior Vehicular Assault and Vehicular Homicide convictions within the previous seven years. RCW 46.20.385(1)(a), RCW 46.20.385(2); 2SHB 2742 § 1.
Extends Exceptions for Ignition Interlock Device Installation:
- Valets, Mechanics, and Rental Cars: Extends the exception for IID to 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 requirement of employment during working hours.” RCW 46.20.385(1)(c)(i); RCW 46.20.720(3); RCW 46.61.5055(5)(b); 2SHB 2742 § 1, 3, 4.
Cancellations of Ignition Interlock Licenses and Other Restricted Licenses:
- Effective Date of Cancellations: Removes the requirement that the effective date of cancellation of an IIL or ORL/TRL is 15 days from the date of mailing of notice. RCW 46.20.385(3) RCW 46.20.391(3)(d); 2SHB 2742 § 1 & 2.
- Notice per 46.20.245: Requires DOL to give notice of IIL cancellation per RCW 46.20.245. RCW 46.20.385(3); 2SHB 2742 § 1.
- Immediate Reapplication: Allows a driver whose IIL was cancelled to immediately reapply with payment of fee (if otherwise eligible). RCW 46.20.385(5); 2SHB 2742 § 1.
- ORL/TRL: Makes similar changes to Occupational & Temporary Restricted License statute. RCW 46.20.391(3)(d); 2SHB 2742 § 2.
The Court and Ignition Interlock Licenses and Devices:
- Drug and Alcohol Related Convictions: Requires that court order installation of IID and application for IIL on both drug and alcohol related DUI and Physical Control Convictions. RCW 46.20.720(2); RCW 46.61.5055(5)(a); 2SHB 2742 § 3 & 4.
- Waiver of Ignition Interlock License Application: Allows the court to waive the requirement a defendant apply for an IIL if: (1) the defendant lives out of state with no reasonably available ignition interlock devices; (2) the defendant does not operate a vehicle; or (3) the defendant is otherwise not eligible for an Ignition Interlock License. RCW 46.61.5055(5)(d); 2SHB 2742 § 4.
- Other Alcohol Monitoring & Abstinence: Requires that a court order “other alcohol monitoring” only if the court orders abstinence from alcohol and the defendant does not drive a vehicle or is not eligible for an IIL. RCW 46.61.5055(5)(f); 2SHB 2742 § 4.
- Deferred Prosecutions: Removes the requirement that a court order the application for an IIL for deferred prosecutions. RCW 46.20.720(2); 2SHB 2742 § 3.
The Department of Licensing and Ignition Interlock Licenses and Devices:
- Drug Related Convictions: Allows DOL to require installation of IID for both drug and alcohol related DUI and Physical Control convictions after any applicable period of suspension. RCW 46.20.720 (3); 2SHB 2742 § 3.
- Out of State Convictions: Clarifies that DOL shall require IID for out of state DUI and Physical Control Convictions. DOL is currently requiring this, but now they have the authority to do so. RCW 46.20.720(3); 2SHB 2742 § 3.
- Removal of Ignition Interlock Devices: Establishes requirements a driver must meet before removal of an IID. A driver will be required to show that certain events did not occur during the four consecutive months prior to the date they are eligible to remove the IID. Those events are: (1) an attempt to start with a BAC of 0.04 or more; (2) failure to take or pass any retest; or (3) failure to appear at IID vendor for required maintenance; repair, calibration, monitoring, inspection, or replacement. RCW 46.20.720(4); 2SHB 2742 § 3.
Changes From Winebrenner/Quezeda Cases:
- Within Seven or Ten Years: Defines a prior offense for purposes of DUI and Physical Control penalties as when the arrest for a prior offense occurred within seven (or ten for felony) years before or after the arrest for the current offense. RCW 46.61.5055(14)(b) & (c); 2SHB 2742 § 4.
- Prior Deferred Prosecutions: Clarifies that “if a deferred prosecution is revoked based on a subsequent conviction for an offense listed in this subsection the subsequent conviction shall not be treated as a prior offense of the revoked deferred prosecution for purposes of sentencing.” RCW 46.61.5055 (14)(a); 2SHB 2742 § 4.
- Limits Liability: Adds a new section to 46.61 which limits government's liability if a probation department verifies installation of an IID on a defendant's vehicle. Such verification is accomplished by receipt of written verification from IID vendor. 2SHB 2742 § 5.
Ignition Interlock Device & Ignition Interlock License Violations:
- IIL Violations: Increases a violation of the restrictions of an IIL from a misdemeanor punishable by up to $200 and six month in jail to a gross misdemeanor. RCW 46.20.410(2); 2SHB 2742 § 6.
- DWLS 2nd or 3rd: Clarifies that if driver is eligible for the IIL but has not received one, they are not considered “eligible to reinstate” for purposes of the DWLS statute. RCW 46.20.342(1)(b) & (c); 2SHB 2742 § 7.
- IID and Deferred Prosecution: Makes it a gross misdemeanor to operate a motor vehicle without IID if required while on a deferred prosecution (previously was not a crime). RCW 46.20.740 (1) & (2); 2SHB 2742 § 8.
- Deferred Prosecution and License Suspension: Grants DOL the ability to suspend a license if a driver on a deferred prosecution fails to comply with the IID requirement. RCW 46.20.740(1); 2SHB 2742 § 8.