Olympia, WA - The Washington State legislature has amended the laws that govern the use of ignition interlock devices in drunk driving cases throughout the state.
An ignition interlock device is a breath test machine that is attached to a vehicles ignition. The driver must provide an alcohol-free breath sample in order for the vehicle to start. Then, after starting, the driver is made to periodically give clean breath samples in order for the vehicle to keep running.
The changes in the law will go into effect on January 1, 2011. Starting then, people who are convicted of a Washington State DUI will be required to apply for an Ignition Interlock License. Even people who have been arrested, but not convicted of a DUI but who are serving a civil administrative suspension or revocation for either failing or refusing to take a breath test will be required to get an interlock device in order to drive during the suspension.
One of the biggest changes in the law will allow people who have been convicted of a WA DUI involving drugs, rather than alcohol, to apply for the Interlock License. This evens the gap in treatment between users of different types of substances that can impair and result in DUI charges.
In addition, people who are convicted of serious DUI related vehicular assaults and homicides will also be allowed to apply to get an Ignition Interlock License and be able to drive with one installed in their vehicle.
Another extension of the law will allow an exception to the ignition interlock requirement for any employer owned vehicle, and also to vehicles rented or leased by the employer. This means that a person who would otherwise be required to have an interlock device to drive around in their own vehicle could drive an employer's vehicle that is not equipped with an interlock.
According to Kirkland DUI Lawyer Aaron J. Wolff, “These changes are very important and close the gaps to provide the intent of the legislature in creating the Ignition Interlock Law for people who face a Washington DUI.”
The new law will also lift the requirement that a person equip their vehicle with an ignition interlock device while on a deferred prosecution (treatment or education instead of prosecution).
The new law makes it a gross misdemeanor, punishable by up to a year in jail, for violating the Ignition Interlock License restrictions. Although potentially punitive, the new Washington Ignition Interlock laws are generally seen as highly beneficial to DUI defendants.
