Alcohol Detection Devices

RCW 46.20.720. Drivers Convicted Of Alcohol Offenses

Ignition Interlock Device, Blow And Go, or Car Breath Machine, no matter what you call it, or what you have heard the device called, in the world of DUI legislation it called an Ignition Interlock Device (IID).  In 2009, the IID literally became attached to a special driver’s license called an Ignition Interlock License (IIL).  As a result of a DUI conviction the above statute now requires the IID in conjunction with an IIL. 

With respect to a DUI / Physical Control conviction, or upon entering a Deferred Prosecution the court SHALL order the person convicted to apply for an ignition interlock driver's license from the DOL and to have a functioning ignition interlock device installed on all motor vehicles operated by the person.  However, in most instances when a person is convicted of DUI there is a period of suspension.  While you can apply for an IIL during this period of suspension, and if approved, drive legally, once the period of suspension is completed, the requirement to apply for an IIL begins anew and a new period of use of the IID and IIL begins.  This is because pursuant to a DUI / Physical Control conviction the DOL SHALL  require that, after any applicable period of suspension, revocation, or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning ignition interlock device if the person is convicted of an alcohol-related violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance. The period of time depends on whether you have been convicted of DUI / Physical Control previous and previous ordered to have an IID.  If you have not previously been restricted under this section, the IID / IIL is required for a period of one year; if you have previous been restricted due to 1 prior DUI / Physical Control conviction a period of five years; and if you have 2 priors and thus ordered to have an IID 2 prior times, a period of ten years.

In some instances the DOL may waive the requirement for the use of such a device if  such devices are not reasonably available in the local area. Furthermore, there is an exception for the device in employer owned vehicles you drive and their vehicle is driven as a requirement of employment during working hours. In order to qualify for this exception you must provide the DOL with a sworn declaration from your employer stating that your employment requires you to operate a the vehicle and it is owned by your employer during working hours. 

While the IID / IIL is mandatory when there is a DUI / Physical Control you do not absolutely escape the possibility of the device when convicted of a lesser or different type of alcohol related conviction.  While it is rare, the court MAY order the device in other alcohol related convictions after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, for any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock. The court shall also establish the period of time for which interlock use will be required.  This is a rare situation and while this statute permits it, since the court has wide discretion in sentencing and is not prohibited from crafting any sentence it deems proper, this statute by no means is the exclusive authority for installation of a IID.

The installation of an IID is discretionary in any alcohol related conviction that is not a DUI / Physical Control and is an example of the many pitfalls and collateral consequences of a DUI / Physical Control charge.  Since these types of issues are constantly changing every time the legislative session ends, you need legal counsel that is aware of not only the current law, but the future changes to that law that may take effect when your case also concludes.  Jonathan Rands is active in legislative changes and since his practice is focused upon DUI and all other alcohol related crimes he will protect your current and future legal interest.  As described here, September 2011 brought new changes that are signifigant.  

New Ignition Interlock Requirements Effective September 2011.

The enabling statute for all the new changes is RCW 46.20.720(3) The statute is one which empowers the Department of Licensing to enforce the IID installation and maintenance.  Here is how the statute reads:
The department shall require that, after any period of suspension, revocation, or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning ignition interlock device if the person is convicted of a violation of RCW 46.61.502 (DUI) or 46.61.504 (Physical Control) or an equivalent local or out-of-state statute or ordinance (this would be a DUI from out of state). 
Furthermore, DoL shall require that a person may drive only a motor vehicle equipped with a functioning ignition interlock device if the person is convicted of a Negligent Driving or Reckless Driving and your conviction is the result of a charge that was originally filed as a DUI or Phsyical Control and you one or more prior offenses within seven years.  Under these circumstances, you shall be required, to install an ignition interlock device on all vehicles you operate.  
This requirement may be waived if the DoL concludes that such devices are not reasonably available in the local area. As is the case with other IIDs, 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. 
However, you must provide the department with a declaration under the penalty of perjury from your employer stating that your employment requires you to operate a vehicle owned by the employer or other persons during working hours.  The DoL has a form for this, and it can also be done by order of the court upon sentencing. 
The statute also requires that the IID shall be calibrated to prevent the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.025 or more. Depending on your criminal record for DUI convictions, or prior orders by a court to install an IID, the period of time of the restriction will be as set forth previously above.  
A new statutory restriction is that the IID SHALL remain in effect until the department receives a declaration from the person's ignition interlock device vendor, in a form provided or approved by the department, certifying that there have been none of the following incidents in the four consecutive months prior to the date of release:
(a) An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more;
(b) Failure to take or pass any required retest; or
(c) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.
In the event one or all of the above occur, the requirement of the IID extends until there have been four months post violation.  So a violation of (a) on month 10 of a 12 month IID, requires the IID to remain for 14 month, assuming no new violations.
Furthermore, under circumstances where and IID is required, the DoL shall attach or imprint a notation on the driving record of any person restricted stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device. A license will not be issued to you if you are so restricted until or unless the DoL receives written verification by a company doing business in the state that it has installed the required IID on a vehicle owned or operated by the person.  
If, based upon notification from the interlock provider or otherwise, the department determines that an ignition interlock required under this section is no longer installed or functioning as required, the DoL shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.
Violations, Tampering, Or Circumventing The IID
A violation of operating a motor vehicle without an IID when required to do so is a gross misdemeanor and if charge with this crime face a maximum punishment upon conviction of a $5,000.00 fine, or 364 days in jail, or both.
Likewise, if you are restricted to the use of a vehicle equipped with an IID and you tamper with the device or direct, authorizes, or you requests another to tamper with the device, in order to circumvent the device by modifying, detaching, disconnecting, or otherwise disabling it; And/Or 
You knowingly assists another person who is restricted to the use of a vehicle equipped with an IID  to circumvent the device or to start and operate that vehicle in violation of a court order;
You are guilty of a gross misdemeanor. HOWEVER, there is no crime if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.

The enabling statute for all the new changes is RCW 46.20.720(3) The statute is one which empowers the Department of Licensing to enforce the IID installation and maintenance.  Here is how the statute reads:

The department shall require that, after any period of suspension, revocation, or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning ignition interlock device if the person is convicted of a violation of RCW 46.61.502 (DUI) or 46.61.504 (Physical Control) or an equivalent local or out-of-state statute or ordinance (this would be a DUI from out of state). Furthermore, DoL shall require that a person may drive only a motor vehicle equipped with a functioning ignition interlock device if the person is convicted of a Negligent Driving or Reckless Driving and your conviction is the result of a charge that was originally filed as a DUI or Phsyical Control and you one or more prior offenses within seven years.  

Under these circumstances, you shall be required, to install an ignition interlock device on all vehicles you operate.  This requirement may be waived if the DoL concludes that such devices are not reasonably available in the local area. As is the case with other IIDs, 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. However, you must provide the department with a declaration under the penalty of perjury from your employer stating that your employment requires you to operate a vehicle owned by the employer or other persons during working hours.  The DoL has a form for this, and it can also be done by order of the court upon sentencing. 

The statute also requires that the IID shall be calibrated to prevent the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.025 or more. Depending on your criminal record for DUI convictions, or prior orders by a court to install an IID, the period of time of the restriction will be as set forth previously above.  

Part of this new statutory restriction is that the IID SHALL remain in effect until the department receives a declaration from the person's ignition interlock device vendor, in a form provided or approved by the department, certifying that there have been none of the following incidents in the four consecutive months prior to the date of release:

(a) An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more;
(b) Failure to take or pass any required retest; or
(c) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.

In the event one or all of the above occur, the requirement of the IID extends until there have been four months post violation.  So a violation of (a) on month 10 of a 12 month IID, requires the IID to remain for 14 month, assuming no new violations.

Furthermore, under circumstances where IID is required, the DoL shall attach or imprint a notation on the driving record of any person restricted stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device. A license will not be issued to you if you are so restricted until or unless the DoL receives written verification by a company doing business in the state that it has installed the required IID on a vehicle owned or operated by the person.  If, based upon notification from the interlock provider or otherwise, the department determines that an ignition interlock required is no longer installed or functioning as required, the DoL shall suspend the person's license or privilege to drive.

Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with an ignition interlock requirement, the suspension shall remain in effect until the person provides notice issued by a company doing business in the state that a vehicle owned or operated by the person is equipped with a functioning ignition interlock device.

Violations, Tampering, Or Circumventing The IID

A violation of operating a motor vehicle without an IID when required to do so is a gross misdemeanor and if charge with this crime face a maximum punishment upon conviction of a $5,000.00 fine, or 364 days in jail, or both.  

Likewise, if you are restricted to the use of a vehicle equipped with an IID and you tamper with the device or direct, authorizes, or you requests another to tamper with the device, in order to circumvent the device by modifying, detaching, disconnecting, or otherwise disabling it; And/Or 

You knowingly assists another person who is restricted to the use of a vehicle equipped with an IID  to circumvent the device or to start and operate that vehicle in violation of a court order;

You are guilty of a gross misdemeanor. HOWEVER, there is no crime if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.

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