America was built on driving. From the invention of the first automobile in the late 1870s to the explosion of the American car industry in the 1920s , our society and our economy became incredibly and uniquely car dependent. Per a 2005 study, 90 percent of Americans say they usually drive wherever it is that they need to go, reporting an average of 87 minutes a day behind the wheel. Over 250 million vehicles are currently in use in this country alone.
When we need to run to the store to get groceries, we drive. When we need to get to work in the morning and make our way back home to our families at night, we drive. It's a privilege as American as the right to own a firearm, the right to vote, and the right to pursue a life of happiness and proseperity.
So what happens when you face the prospect of having that privilege taken away from you? How do you work if you can't get to work? How do you take your kids to school in the morning? Pick them up in the afternoon? Get to the dentist in time for your appointment?
In the State of Washington, one of the most common [and most serious] reasons for someone losing their privilege to drive is due to being charged with Driving Under the Influence [DUI] or Physical Control. A person charged with either of these offenses, due to consumption of alcohol and/or drugs, can typically find their privilege suspended one of two ways: Either by being convicted as charged by plea or trial, or administratively by the DOL.
Prior to January 2009, if a driver found himself in a such a situation, the options for dealing the suspension were quite limited. If the person qualified for an occupational license [depending on their DUI history and whether the BAC was refused], the person could get a restricted license that allowed them to drive to work or school.
While a great option for those with a job or school to attend, the option wasn't all that helpful for many other people facing a DUI related license suspension. Some felt it necessary to seek a deferred prosecution in order to avoid the suspension. Others would take their chances at trial even when the facts made a positive outcome unlikely.
But things changed dramatically in January 2009, as the state legislature passed RCW 46.20.385. Under this law, any licensed driver facing a DUI related suspension may apply for an Ignition Interlock License [IIL] provided they [1] pay a $100 non-refundable fee, [2] provide proof of installing an ignition interlock device on any vehicle to be operated by the applicant (excluding those owned by the person's employer), and [3] proof of proper financial responsibility (typically in the form of SR-22 insurance).
An Ignition Interlock Device [IID] is a small electronic device which requires that a driver breathe into the device prior to starting the vehicle. If the ignition interlock device detects the blood alcohol concentration of the diver above a prescribed amount, then the engine of the vehicle will not start. If a person wishes to obtain an IILL but cannot afford to pay for the installation and maintenance of an IID, they can apply to the Department of Licensing for financial assistance.
While some people may be willing to simply not drive during the period of suspension and drive later on, obtaining an IIL can still be crucial. If a driver is eligible for an IIL but did not obtain one, that driver may not be eligible to resintate their driving privileges later on.
If you're facing a DUI charge and the possibility of a driver's license suspension, or dealing with the consequences of not complying with the conditions of having an Ignition Interlock License, please Contact Us and let one of our experienced attorneys today to help guide your through this often stressful and complicated process.