DOL, IIL, IID and Impaired Driving FAQs

DOL, IIL, IID and Impaired Driving FAQs WDA Webinar July 15, 2011 By Patricia Fulton patricia@glblaw.com

Dealing with the DOL Dealing with the DOL makes me want to commit violent acts how do you do it without ending up in prison yourself?

Dealing with the DOL Rule #1: NEVER ever call the DOL on the phone. Resources for you and your client. Email. Website.

Website Resources Lots of general information available. Can also access information specific to your client. Current license status: https://fortress.wa.gov/dol/dolprod/dsddriverstat usdisplay/ Instructions for reinstatement: https://fortress.wa.gov/dol/dolprod/dsdreinstate ments/

Online License Status Check

Online Reinstatement Instructions Individualized instructions for your client. Requires personal information. Does NOT indicate eligibility for IIL or other temporary restricted license.

Online Reinstatement Instructions

Email drivers@dol.wa.gov Takes you to the front line customer service representatives. Rule #2: NEVER ever assume the DOL knows the correct answer!

Good morning, One of our clients was convicted of a DUI this month which should have been a first offense DUI (no test or under.15 not a refusal). The DOL has notified him of a two year license revocation which we believe is incorrect. His information is: ********** WA DL#: ********* Can you please check to see why his suspension is for two years and if that is accurate? Thank you!

Good afternoon Patricia, Mr. ***** has a Negligent driving reduced from a DUI on 07/10/2006. This would be considered his 1 st offense. The DUI on 4/10/2010 is considered a 2 nd. His record is still showing the Negligent driving being a 1 st degree. I have sent an email to our Citation unit for them to review that further. Thank you, Jennifer Customer Service Center Department of Licensing (360)902-3900 option #6

Dear DOL, I am checking in with you again regarding Mr. #####. Per your previous correspondence (see below) DOL records indicate his first conviction was for Negligent Driving First Degree. However, we believe the prior is Negligent Driving Second Degree and thus should not count as an enhancement. This would then take his suspension from 2 years to 90 days. if you could let me know, I would greatly appreciate it. Thanks!

Good afternoon, Mr. ###### record now shows the Negligent Driving in the 2 nd degree, reduced from a DUI. As long as it is reduced from an alcohol related offense it is considered his 1 st offense. His record is correct, he will be revoked for 2 years effective 08/07/2011. Thank you, Jennifer Customer Service Center Department of Licensing (360)902-3900 option #6

Hi Jennifer, Can you let me know what statute that DOL is relying upon for the two year suspension saying that Neg 2 counts as a prior offense? The only statute that I am aware of that governs the length of suspension is RCW 46.61.5055. Section 14 of that statute defines prior offense as only a neg 1, 46.61,5249, not a Neg 2, 46.61.525. The length of suspension appears to be governed under 46.61.5055(9) which states that if there is no prior offense under 46.61.5055 it shall be for 90 days. From what I can tell the legislature only authorized a 90 day suspension for Mr. #####. Can you please look into this and if there is a different statute that applies, please let me know. Thank you for your work on this!

Good afternoon, I am going to forward your question to the Suspension Unit for assistance. Please allow 24-48 hours for them to respond. Thank you, Jennifer Customer Service Center Department of Licensing (360)902-3900 option #6

Ignition Interlock Licenses and Devices I m confused, everyone keeps using these acronyms and I can t remember what the difference between an IIL and an IID is aren t they just the same thing?

IIL v. IID Ignition Interlock LICENSE Requires an Ignition Interlock Device on some vehicle. Type of Temporary Restricted License. Must carry SR-22 insurance. Must submit application and fee to DOL. Ignition Interlock DEVICE Required in circumstances when license is not revoked/suspended.

IIL and IID Relevant Laws RCW 46.20.380-410: Ignition Interlock Licenses and other Temporary Restricted Licenses. RCW 46.20.710 755: Alcohol Detection Devices. WAC 204-50-010 160: Ignition Interlock Breath Alcohol Devices. WAC 308-107-010 to 080: Ignition Interlock Driver s License.

When is an IID required? My client is concerned that installing an IID will make it difficult to get home from the bar, will he be required to install one?

Ignition Interlock Device Required As a condition of release ordered by the court. Condition of pre-trial release under CrRLJ 3.2 During any period of suspension (due to conviction or admin suspension) if they want to drive with an IIL. Must install on a vehicle. Can drive employer owned vehicles for work purposes without IID with employer declaration. Court MAY order IID for ANY conviction for an offense involving the use, consumption possession of alcohol while operating motor vehicle. RCW 46.20.720(1). For any conviction for DUI or Physical Control. Drug or alcohol. Court must order under 46.61.5055 & 46.20.720 (2). DOL will require under 46.20.720(3).

DOL hearing loss and IIL We just lost my client s DOL hearing. My client really wants to keep driving, what are his options?

Eligibility for an IIL Anyone who loses their license due to the following is eligible: Convicted for any DUI or physical control or Vehicular Assault or Vehicular Homicide under the DUI prong. Implied consent administrative hearing loss. Refusal or non-refusal. Prior history irrelevant.

Not Eligible for IIL Any other type of suspension. Reckless driving, HTO, DWSL 2 nd, etc. However, may be eligible for an ORL. May be eligible for IIL and ORL.

How to get an IIL Good instructions on DOL web site with links to application forms. http://www.dol.wa.gov/driverslicense/iil.html Requires: Proof of SR-22 Insurance, Proof of IID installed, Application to DOL with $.

Indigent Drivers My client is indigent and can t afford the expense of the ignition interlock device what are his options?

Help for Low Income Drivers Funds available to help pay for the cost of IID installation, lease, and removal. For IIL only! Application and instructions on DOL web site at: http://www.dol.wa.gov/driverslicense/iil.html If approved must reapply every year. If denied can reapply every six months.

IID Credit My client has had an IID device installed since her arraignment, will she get credit for this IIL use?

Credit for Time with IID Incidents occurring on or after September 1, 2011. DOL required to give day for day credit for use of IID on all vehicles driven from date of incident. Employer exception applies.

Drug cases and IID What about drug cases? My client was impaired by drugs, but no alcohol. Will he still need to install an IID?

IID and Drug related cases IID required on all DUI and physical control convictions regardless of drug or alcohol impairment. IIL now available for suspensions due to drug related convictions.

Employer owned vehicles and IID My client drives a company van for work does he need to install the IID in it?

Employer Exceptions to IID 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. RCW 46.61.5055, RCW 46.20.385 and RCW 46.20.720

Employer Exceptions to IID Must submit employer declaration to DOL. Instructions and form found at http://www.dol.wa.gov/driverslicense/iil.html Must have IID installed on something to maintain an IIL. Must still satisfy 4 month pre-release period. If IID as condition of release ask judge to make this exception in order.

Length of IID requirement My client has a prior DUI conviction from 10 years ago, if he is convicted again, how long will he need to have an IID?

Length of IID Restrictions RCW 46.20.720(3)(a) (c) 1 year if no prior IID restriction. 5 years if one prior IID restriction. 10 years if two or more prior restrictions.

Length of IID Restrictions IID order shall remain in effect until: DOL receives a declaration from IID provider certifying a lack of specific violations during the four months prior to date of release. An attempt to start the vehicle with a BAC of.04 or greater, Failure to take or pass any required retests; or Failure of the person to appear and IID vender for maintenance, repair, calibration, etc. No remedy/procedure for disputes.

Deferred Prosecutions and IID I m confused about the length of IID required for a deferred prosecution. I keep getting different information from the DOL? What exactly will be required of my client if he enrolls in a deferred prosecution?

Deferred Prosecutions and IIDs DP no longer requires an application for an IIL so no SR-22 insurance. DOL no longer requires IID for 2 years on a DP. Effective September 1, 2011: IID required for same period of time as would be for conviction (1, 5, or 10 years).

Violations of IID and IIL My client wants to know how much trouble he will be in if he is caught driving without an ignition interlock device. What do I tell him?

IID/IIL violations Driving without a functioning IID when required by 46.20.720, 46.61.5055, or 10.05.140 is a gross misdemeanor. RCW 46.20.740. Violating and restrictions of IIL gross misdemeanor. RCW 46.20.410. IID related crimes (RCW 46.20.750): Tamper, circumventing, etc. is a gross misdemeanor. Assisting another also gross misdemeanor.

DWLS in the? Degree. Driver is not considered eligible to reinstate for purposes of DWSL 3 rd if eligible for ILL. RCW 46.20.342. DOL suspends license because of notification that IID is not installed. What degree?

Reckless Driving suspension while on IIL My client lost her license for a year at the administrative hearing and just entered a plea to reckless driving. She has an IIL. Can she still driving during the 30 day reckless driving suspension?

Overlapping Suspensions Client must apply for both an IIL and an ORL/TRL to drive during this time. Get new letter from DOL which is the IIL/ORL.

Overlapping Suspensions

Court orders to apply for an IIL My client doesn t own a car and doesn t drive, if she is convicted of DUI will she still need to have an IID and an IIL?

Other Alcohol Monitoring Court may NOT waive IID requirement. Court may waive requirement for IIL application under certain circumstances. If court waives IIL requirement and orders abstinence must also require other alcohol monitoring. Clarification that the time period for other alcohol monitoring is for the period of mandatory suspension.

IID requirement expansions My client will end up with a reckless driving conviction on his case. He will not have to install and IID then, right?

Increased IID requirements New IID requirements for: Reckless driving. if originally filed as DUI, physical control, vehicular homicide or vehicular assault under DUI prong. Negligent driving 1 st degree. IID required for six months if prior defined by RCW 46.61.5055(14). Also subject to 4 months of compliance requirement of 46.20.720 (4).

DUI Mandatory Minimum Jail I heard a rumor that the mandatory minimum jail time for DUIs was going to increase is that true?

Impaired Driving Penalty Increases No increases to DUI or physical control mandatory minimums. Any DUI or physical control will be a felony if driver has a prior felony DUI or physical control. Prior offense in 46.61.5055(14) expanded to include any conviction for vehicular assault or vehicular homicide if originally filed under DUI prong.

Impaired Driving Penalty Increases Mandatory sentence enhancements for vehicular assault and vehicular homicide increase. All enhancements for prior offenses as defined by 46.61.5055 shall be mandatory, shall be served in total confinement, and shall run consecutively to all other sentence provisions.

Mandatory Tow and Impound My client s car was legally parked when he was arrested and the officer still had it towed, did he have to do that?

Senate Bill 5000 Hailey s Law Requires mandatory impound and hold of vehicle when driver arrested for DUI or physical control. Upon impound, may not be redeemed for 12 hours. Exceptions: Exigent circumstances or if officer waits 30 minutes and no tow can legally park and leave.

Final New Changes DUI Courts New section added in RCW 2.28 authorizing the creation of DUI courts. Victim Panel Registry Creates minimum requirements and registry. BAC fee increase from $125 to $200.

Questions drivers@dol.wa.gov DOL: http://www.dol.wa.gov HB 1789: http://apps.leg.wa.gov/billinfo/summary.aspx?bill =1789&year=2011 SB 5000: http://apps.leg.wa.gov/billinfo/summary.aspx?bill =5000&year=2011 patricia@glblaw.com