Wednesday, June 4, 2014

When is an IID required in a Washington State DUI case

If you have been arrested for a DUI in Washington State.  Then chances are at some point during this unfortunate situation you may face the possibility of having to get an ignition interlock device installed in your vehicle.  Seattle DUI Attorney Matthew Leyba discusses the three times when this may occur.

First the most obvious and most common is if the individual gets convicted of a DUI.  Whether its through a guilty plea or a conviction following trial it doesn't matter.  An ignition interlock device is a requirement following a conviction for DUI in Washington State.

Now the time requirement can vary depending on whether there have been any prior DUI convictions.  For example if its a first offense DUI conviction then the IID requirement will be 1 year.  If there has been a prior IID requirement from a DUI conviction then the IID requirement is 5 years.  If there have been 2 or more prior IID requirements then the third time is a 10 year requirement.

The second time an individual may face an ignition interlock requirement is if the drivers license gets suspended and they want to continue to drive via a restricted drivers license.  For example in WA State if a drivers license gets suspended for day 90 days the driver may be eligible to continue to drive if they get an IID installed in their vehicle, apply for the ignition interlock license, and give the WA DOL proof of a SR22 insurance certificate.

In this type of situation the IID would only need to be installed during the license suspension.  So in WA State if a license gets suspended for 90 days then the IID only needs to be in for 90 days.  Once the suspension is up the driver can get the IID removed and go pay a reinstatement fee at DOL to get a new drivers license.

The third time an individual may face an ignition interlock requirement is if it gets imposed at the DUI arraignment as a condition of release.  What this means if a Judge requires a defendant to install an IID or stay in jail while the DUI case is pending.  Well then the IID needs to get installed while the DUI charge is pending.

About the author:  Matthew Leyba is a DUI Lawyer in Seattle.  His practice consists of representing those charged with DUI and other DUI related offenses.  For more information you can view his website here

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