You may be eligible for an Ignition Interlock License!!
On January 1, 2009 there were sweeping changes brought about by new state laws that affect your right to drive a car if you have had, or might have, your license suspended because you have been convicted of a DUI or Physical Control or if your license was suspended pursuant to the Implied Consent Statute. You may be eligible to apply for an Ignition Interlock License.
With an Ignition Interlock License you will be able to drive a motor vehicle even though your license has been suspended for a DUI or Physical Control or if your license was suspended pursuant to the Implied Consent Statute but there are conditions, limitations and draw backs to an Ignition Interlock License.
Some of the conditions for obtaining and using an Ignition Interlock License include the following:
1) you must have a functioning ignition interlock device, except that under certain conditions you may be able to drive a vehicle owned by your employer;
2) you must have proof of SR-22 insurance or other proof of financial Responsibility; and
3) Unless you are declared an indigent you must pay an additional $20.00 monthly fee, in addition to the cost of installing and renting the ignition interlock device. This $20.00 fee is collected by the ignition interlock company and remitted to the Department of Licensing.
Once you get an Ignition Interlock License you need to be aware that there are limitations on its use:
1) you may not use an Ignition Interlock License to drive any vehicle which requires a Commercial Driver’s License;
2) The Ignition Interlock License may not be accepted in other states, territories or provinces so you would need to contact the authorities in other jurisdictions to determine if you can drive in their jurisdiction.
In addition to these conditions and limitations there is still another big drawback. If you are about to have their license suspended because violation of the implied consent law you have a right to a hearing to contest that suspension but under this new law (RCW 46.20.385(1)(b)) anyone receiving an Ignition Interlock License waives his or her right to a hearing or appeal under the Implied Consent Statute. In my opinion this is a unscrupulous effort by our state legislature to deprive you of your rights to equal protection of the law and access to a fair hearing and I am hoping that it will be held to be unconstitutional. None the less you can be certain that the Attorney General’s position will be that you have waived your right to a hearing and to an appeal if you apply for an Ignition Interlock License.
NEVER apply for an Ignition Interlock License with out first consulting with an attorney who is well versed in this complex area of law.
To find out more information from the Department of Licensing about the Ignition Interlock License you may visit the Department of Licensing’s website at www.dol.wa.gov and use the search feature (located in the upper right hand corner of the DOL’s home page) to search for Ignition Interlock License or cut and paste the following into the address line of your web browser
You can no longer get an occupational license after January 1, 2009 if your license was suspended because of a DUI or Physical Control. The new laws that went into effect after January 1, 2009 may allow you to get an ignition interlock license instead of an occupational license. A driver how has had their license suspended for another offense, reckless driving for example, may still be eligible for an occupational license.