NEW WSP PROGRAM BRINGS COPS TO YOUR DOOR by Jon Scott Fox   September 2009

The ignition interlock is a breath testing machine that is connected to the wiring in your car and which prevents your car from starting if you have alcohol on your breath. It can be required either by court order or pursuant to DOL requirements. The ignition interlock device is required for at least one year after the license has been reinstated after a DUI conviction, and an ignition interlock is required if one wishes to drive during an administrative license suspension imposed by the Department of licensing. In addition, an ignition interlock is required as part of an alcohol-based deferred prosecution. Depending upon whether an ignition interlock has previously been required by the Department of licensing, the ignition interlock may be required by the Department of Licensing for up to 10 years.

An ignition interlock is also required if a driver should choose to apply for the "ignition interlock license" which only became available as of January 1, 2009. Under this law, a driver still technically has a suspended license, but is permitted to drive so long as the personal vehicle being driven is equipped with an ignition interlock device. An individual who applies for an ignition interlock device forever waives the right to appeal the administrative suspension of the license.

When an interlock is installed your car won't start unless you "pass" the interlock test by blowing when you start your car. You must also periodically blow into the interlock while you are driving. If you "fail" the interlock test as you are driving, your car's lights will flash and the horn will blow. The law even authorizes the installation of a "siren" that will sound upon a "fail" but fortunately, this option is rarely installed. Every interlock test result is recorded in computer memory and if court ordered, a printout of all the readings can be provided to the court or a probation officer on a regular basis. If a "violation reset" (repeated fail) occurs, the driver must return the vehicle to the ignition interlock provider within five days so that the data can be downloaded and reported to the court. The ignition interlock device is required to render the driver's vehicle inoperable (it will not start) if the vehicle is not returned to the ignition interlock vender within five days after a "violation reset" has been entered.

There is another side to Washington State's DUI ignition interlock program that will surprise many drivers. Beginning in 2009, the Washington State Patrol has implemented an "Ignition Interlock Compliance" program whereby a trooper goes, in person, to the home of a driver who is subject to the DUI ignition interlock laws to determine whether the driver has the device installed and whether it is being used correctly. This means that in addition to the humiliation and anxiety that accompanies a DUI charge, a citizen who is in all respects complying with the DUI law will face the prospect of having a marked Washington State Patrol car pulling up to his or her residence, in full view of the neighbors, to "check compliance."

For additional information on this topic please see Ignition Interlock.