Sobriety Checkpoint FAQs

This information was taken from the MADD website to help them educate you spread the word about the lack of checkpoints

What is a Sobriety Checkpoint?

• Sobriety checkpoints are a technique where law enforcement officials evaluate drivers for signs of alcohol or drug impairment at specific points on the roadway.

Does MADD Support Sobriety Checkpoints Over Roving Patrols?

• MADD supports high-visibility law enforcement including saturation patrols or roving patrols and sobriety checkpoints.
• The primary goal of a sobriety checkpoint is not to arrest people, but rather to deter people from committing DUI.

Are Sobriety Checkpoints Legal?

• The Supreme Court ruled in Michigan v. Sitz that sobriety checkpoints are constitutional because the small inconvenience that drivers face is overwhelmed by a compelling state interest to save lives.^[1]
• 10 states still prohibit their use and others rarely use them.

Are Sobriety Checkpoints Effective?

• Sobriety checkpoints can significantly lower the incidence of drunk driving.
• 2002 research from the Centers for Disease Control and Prevention found that alcohol-related crashes and fatalities dropped by 20 percent when sobriety checkpoints were used and publicized.^[2]
• Research shows that those convicted of drunk driving for the first time have driven drunk more than 87 times before their first arrest, thus checkpoints are crucial for the prevention of drunk driving and in turn, for saving more lives.
• Checkpoints have been shown to not only detect impaired drivers, but also drivers with suspended licenses, illegal weapons, stolen vehicles and numerous other violations.
• Because of the advanced publicity, sobriety checkpoints have the greatest deterrent value of all impaired driving enforcement

What Does the Public Think About Sobriety Checkpoints?

• 87 percent of Americans support sobriety checkpoints.

• MADD, along with most agencies that conduct checkpoints, believes that they should be set up where crashes are happening. Data systems exist to inform local police departments where the crashes are occurring. The rate of alcohol-related crashes of a certain area should determine whether or not the location is an appropriate place for a checkpoint.

• Idaho State currently has no sobriety checkpoint system in force.
• Iowa State currently has no sobriety checkpoint system in force.
• Michigan State currently has no sobriety checkpoint system in force.
• Minnesota State currently has no sobriety checkpoint system in force.
• Oregon State currently has no sobriety checkpoint system in force.
• Rhode Island State currently has no sobriety checkpoint system in force.
• Texas State currently has no sobriety checkpoint system in force.
• Washington State currently has no sobriety checkpoint system in force.
• Wisconsin State currently has no sobriety checkpoint system in force.
• Wyoming State currently has no sobriety checkpoint system in force.
• Alaska and Montana choose not to conduct sobriety checkpoints.

WE at Blow-and-Go commend and support the on going efforts of MADD.  Please, if you must drink, drink responsibly.  DO NOT DRINK and DRIVE.  Always have a designated driver

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3. Fremont checkpoint finds no drunk drivers

DUI Consequences & Alternatives

Before you drink and drive, consider the consequences and alternatives

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1. Washington State DUI LAW
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3. Timmins Police act on tough new drinking-driving law (Timmins Times)

RCW 46.20.308

Implied consent — Test refusal — Procedures. (Effective January 1, 2009.)

(1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503. Neither consent nor this section precludes a police officer from obtaining a search warrant for a person’s breath or blood.

(2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and being under the age of twenty-one. However, in those instances where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample or where the person is being treated in a hospital, clinic, doctor’s office, emergency medical vehicle, ambulance, or other similar facility or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(5). The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver, in substantially the following language, that:

(a) If the driver refuses to take the test, the driver’s license, permit, or privilege to drive will be revoked or denied for at least one year; and

(b) If the driver refuses to take the test, the driver’s refusal to take the test may be used in a criminal trial; and

(c) If the driver submits to the test and the test is administered, the driver’s license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety days if the driver is age twenty-one or over and the test indicates the alcohol concentration of the driver’s breath or blood is 0.08 or more, or if the driver is under age twenty-one and the test indicates the alcohol concentration of the driver’s breath or blood is 0.02 or more, or if the driver is under age twenty-one and the driver is in violation of RCW 46.61.502 or 46.61.504; and

(d) If the driver’s license, permit, or privilege to drive is suspended, revoked, or denied the driver may be eligible to immediately apply for an ignition interlock driver’s license.

(3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested.

(4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.

(5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.

(6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a test or tests of the person’s blood or breath is administered and the test results indicate that the alcohol concentration of the person’s breath or blood is 0.08 or more if the person is age twenty-one or over, or 0.02 or more if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person’s blood, shall:

(a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, or deny the person’s license, permit, or privilege to drive as required by subsection (7) of this section;

(b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (8) of this section and that the person waives the right to a hearing if he or she receives an ignition interlock driver’s license;

(c) Mark the person’s Washington state driver’s license or permit to drive, if any, in a manner authorized by the department;

(d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person’s license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit that it replaces; and

(e) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by RCW 9A.72.085 that states:

(i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;

(ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration of the person’s breath or blood was 0.08 or more if the person is age twenty-one or over, or was 0.02 or more if the person is under the age of twenty-one; and

(iii) Any other information that the director may require by rule.

(7) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, or deny the person’s license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.

(8) A person receiving notification under subsection (6)(b) of this section may, within twenty days after the notice has been given, request in writing a formal hearing before the department. The person shall pay a fee of two hundred dollars as part of the request. If the request is mailed, it must be postmarked within twenty days after receipt of the notification. Upon timely receipt of such a request for a formal hearing, including receipt of the required two hundred dollar fee, the department shall afford the person an opportunity for a hearing. The department may waive the required two hundred dollar fee if the person is an indigent as defined in RCW 10.101.010. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within sixty days following the arrest or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more if the person was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person’s license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person’s breath or blood was 0.08 or more if the person was age twenty-one or over at the time of the arrest, or 0.02 or more if the person was under the age of twenty-one at the time of the arrest. The sworn report or report under a declaration authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one and that the officer complied with the requirements of this section.

A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, or denial either be rescinded or sustained.

(9) If the suspension, revocation, or denial is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction. Notice of appeal must be filed within thirty days after the date the final order is served or the right to appeal is waived. Notwithstanding RCW 46.20.334, RALJ 1.1, or other statutes or rules referencing de novo review, the appeal shall be limited to a review of the record of the administrative hearing. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. The filing of the appeal does not stay the effective date of the suspension, revocation, or denial. A petition filed under this subsection must include the petitioner’s grounds for requesting review. Upon granting petitioner’s request for review, the court shall review the department’s final order of suspension, revocation, or denial as expeditiously as possible. The review must be limited to a determination of whether the department has committed any errors of law. The superior court shall accept those factual determinations supported by substantial evidence in the record: (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department. The superior court may reverse, affirm, or modify the decision of the department or remand the case back to the department for further proceedings. The decision of the superior court must be in writing and filed in the clerk’s office with the other papers in the case. The court shall state the reasons for the decision. If judicial relief is sought for a stay or other temporary remedy from the department’s action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, or denial it may impose conditions on such stay.

(10)(a) If a person whose driver’s license, permit, or privilege to drive has been or will be suspended, revoked, or denied under subsection (7) of this section, other than as a result of a breath or blood test refusal, and who has not committed an offense for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, or notifies the department of licensing of the intent to seek such a deferred prosecution, then the license suspension or revocation shall be stayed pending entry of the deferred prosecution. The stay shall not be longer than one hundred fifty days after the date charges are filed, or two years after the date of the arrest, whichever time period is shorter. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of the stay. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection.

(b) A suspension, revocation, or denial imposed under this section, other than as a result of a breath or blood test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.

(c) The provisions of (b) of this subsection relating to a stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to the suspension, revocation, denial, or disqualification of a person’s commercial driver’s license or privilege to operate a commercial motor vehicle.

(11) When it has been finally determined under the procedures of this section that a nonresident’s privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person’s residence and of any state in which he or she has a license.

[2008 c 282 § 2. Prior: 2005 c 314 § 307; 2005 c 269 § 1; prior: 2004 c 187 § 1; 2004 c 95 § 2; 2004 c 68 § 2; prior: 1999 c 331 § 2; 1999 c 274 § 2; prior: 1998 c 213 § 1; 1998 c 209 § 1; 1998 c 207 § 7; 1998 c 41 § 4; 1995 c 332 § 1; 1994 c 275 § 13; 1989 c 337 § 8; 1987 c 22 § 1; prior: 1986 c 153 § 5; 1986 c 64 § 1; 1985 c 407 § 3; 1983 c 165 § 2; 1983 c 165 § 1; 1981 c 260 § 11; prior: 1979 ex.s. c 176 § 3; 1979 ex.s. c 136 § 59; 1979 c 158 § 151; 1975 1st ex.s. c 287 § 4; 1969 c 1 § 1 (Initiative Measure No. 242, approved November 5, 1968).]

Notes:

Effective date — 2008 c 282: “Sections 2, 4 through 8, and 11 through 14 of this act take effect January 1, 2009.” [2008 c 282 § 23.]

Effective date — 2005 c 314 §§ 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.

Part headings not law — 2005 c 314: See note following RCW 46.17.010.

Effective date — 2004 c 187 §§ 1, 5, 7, 8, and 10: “Sections 1, 5, 7, 8, and 10 of this act take effect July 1, 2005.” [2004 c 187 § 11.]

Contingent effect — 2004 c 95 § 2: “Section 2 of this act takes effect if section 2 of Substitute House Bill No. 3055 is enacted into law.” [2004 c 95 § 17.] 2004 c 68 § 2 was enacted into law, effective June 10, 2004.

Finding — Intent — 2004 c 68: “The legislature finds that previous attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death caused by drinking drivers continue at unacceptable levels. This act is intended to convey the seriousness with which the legislature views this problem. To that end the legislature seeks to ensure swift and certain consequences for those who drink and drive.

To accomplish this goal, the legislature adopts standards governing the admissibility of tests of a person’s blood or breath. These standards will provide a degree of uniformity that is currently lacking, and will reduce the delays caused by challenges to various breath test instrument components and maintenance procedures. Such challenges, while allowed, will no longer go to admissibility of test results. Instead, such challenges are to be considered by the finder of fact in deciding what weight to place upon an admitted blood or breath test result.

The legislature’s authority to adopt standards governing the admissibility of evidence involving alcohol is well established by the Washington Supreme Court. See generally State v. Long, 113 Wn.2d 266, 778 P.2d 1027 (1989); State v. Sears, 4 Wn.2d 200, 215, 103 P.2d 337 (1940) (the legislature has the power to enact laws which create rules of evidence); State v. Pavelich, 153 Wash. 379, 279 P. 1102 (1929) (“rules of evidence are substantive law”).” [2004 c 68 § 1.]

Effective date — 1999 c 331: See note following RCW 9.94A.525.

Effective date — 1998 c 213: “This act takes effect January 1, 1999.” [1998 c 213 § 9.]

Effective date — 1998 c 209: “This act takes effect January 1, 1999.” [1998 c 209 § 6.]

Effective date — 1998 c 207: See note following RCW 46.61.5055.

Intent — Construction — Effective date — 1998 c 41: See notes following RCW 46.20.265.

Severability — 1995 c 332: “If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.” [1995 c 332 § 23.]

Effective dates — 1995 c 332: “This act shall take effect September 1, 1995, except for sections 13 and 22 of this act which are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1995].” [1995 c 332 § 24.]

Short title — Effective date — 1994 c 275: See notes following RCW 46.04.015.

Effective dates — 1985 c 407: See note following RCW 46.04.480.

Legislative finding, intent — 1983 c 165: “The legislature finds that previous attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death caused by drinking drivers have reached unacceptable levels. This act is intended to convey the seriousness with which the legislature views this problem. To that end the legislature seeks to insure swift and certain punishment for those who drink and drive. The legislature does not intend to discourage or deter courts and other agencies from directing or providing treatment for problem drinkers. However, it is the intent that such treatment, where appropriate, be in addition to and not in lieu of the sanctions to be applied to all those convicted of driving while intoxicated.” [1983 c 165 § 44.]

Effective dates — 1983 c 165: “Sections 2, 3 through 12, 14, 16, 18, 22, 24, and 26 of chapter 165, Laws of 1983 shall take effect on January 1, 1986. The remainder of chapter 165, Laws of 1983 is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1983. The director of licensing may immediately take such steps as are necessary to insure that all sections of chapter 165, Laws of 1983 are implemented on their respective effective dates.” [1984 c 219 § 1; 1983 c 165 § 47.]

Severability — 1983 c 165: “If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.” [1983 c 165 § 48.]

Severability — 1979 ex.s. c 176: See note following RCW 46.61.502.

Effective date — Severability — 1979 ex.s. c 136: See notes following RCW 46.63.010.

Severability, implied consent law — 1969 c 1: See RCW 46.20.911.

Liability of medical personnel withdrawing blood: RCW 46.61.508.

Refusal of test — Admissibility as evidence: RCW 46.61.517.

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3. Washington Ignition Interlock License (IIL)

Ignition Interlock Driver License (IIL)

An Ignition Interlock Driver License (IIL) allows you to drive vehicles equipped with an ignition interlock device while your regular license is suspended or revoked for an alcohol-related Driving Under the Influence (DUI) or Physical Control.

The ignition interlock device won’t allow the vehicle to be started if it detects alcohol on your breath. The device may also require additional “rolling retests” while the vehicle is being driven.

Requirements

To be eligible for an IIL, your driving record must show that:

• You have been arrested for, or convicted of, an alcohol-related DUI or Physical Control.
• You have had a valid driver license.
• You haven’t been convicted of vehicular assault or vehicular homicide within 7 years before the incident for which you are requesting an IIL.
• Your current suspension or revocation isn’t for, or doesn’t include, Minor in Possession, Reckless Driving reduced from an alcohol-related DUI, Vehicular Assault, Vehicular Homicide, or Habitual Traffic Offender.

Vehicles that require an interlock device

While driving with an IIL, you must maintain an interlock device on all vehicles you drive, including employer’s vehicles you drive during work hours. You cannot drive a commercial motor vehicle while you have an IIL.

Work vehicles

If you drive vehicles owned by your employer during work hours, the vehicles must be equipped with an interlock device. However, this requirement may be waived if your employer signs an Employer Declaration for Ignition Interlock Waiver. You must send us a copy of the signed declaration before you drive your employer’s vehicles, and you must carry a copy of the declaration with you whenever you drive a work vehicle that isn’t equipped with an interlock device.

Getting an IIL

If your license has been suspended or revoked by the Department of Licensing

Starting January 1, 2009, you may apply for an IIL at any time, including after being arrested or after your revocation hearing. When you get an IIL:

• you waive the right to a hearing on your license suspension or revocation.
• you must maintain an interlock device on all vehicles you drive for the remainder of the period of your suspension.

If you have been convicted in court of an alcohol-related DUI

Starting January 1, 2009, the court must order you to apply for an IIL. If you don’t own a vehicle, aren’t eligible to receive an IIL, or ignition interlock devices aren’t available in your area, the court may waive the IIL requirement and order you to undergo alcohol monitoring for the same period of time the interlock device would have been required.

How to apply for an IIL

1. Install an ignition interlock device in every vehicle you drive. The installer will send us proof that the devices have been installed.
2. Get proof of financial responsibility, such as a Certificate of Insurance (SR-22). An insurance agent can help you with this requirement.
3. Complete an Ignition Interlock Driver License Application.
4. Submit your completed application with a check or money order for the application fee:
   • in person at any driver licensing office.
   • OR
   • by mail to:
     Driver Records
     Department of Licensing
     PO Box 9048
     Olympia, WA 98507-9048

We will let you know in writing if your application has been approved or denied.

Fees and costs

You are responsible for paying all the IIL fees and interlock device costs, including:

• the cost of installing, leasing, and removing an ignition interlock device.
• the cost of maintaining proof of financial responsibility (usually as an insurance certificate).
• the IIL application fee (non-refundable).
• the monthly Ignition Interlock Device Revolving Account fee used to help low-income drivers with the cost of an interlock device.

Help for low-income drivers

You may be eligible for assistance if you cannot afford to pay the costs of installing, leasing, and removing an ignition interlock device in the vehicles you drive. To apply for financial help, complete and submit an Ignition Interlock Device Financial Worksheet. You may apply once each year.

Frequently asked questions

Do I have to tell my employer I am required to use an ignition interlock device?

Only if you must drive vehicles owned by your employer as part of your job. Your employer must sign a declaration that you are required to drive the vehicle during work hours before you can drive legally.

If I was convicted of an alcohol-related DUI, can I get an Occupational/Restricted License instead of an IIL?

No, you may drive only if you have an IIL and an interlock device installed on your car. The Occupational/Restricted License (ORL) isn’t available to drivers who have been convicted of DUI.

What if I own more than one vehicle?

You must install an interlock device in all the cars you drive, but aren’t required to install one in all the cars you own. If you prefer, you may install an interlock device in one of your vehicles and drive only that vehicle while your license is suspended.  Due to the ease of use of the Blow-and-Go system, we can install base units in each of your vehicles and you can use your device in each vehicle, thus saving you money 1-877-384-2569

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DUI (Driving under the influence)

Driving Under the Influence (DUI) refers to operating a motor vehicle while affected by alcohol, drugs, or both. This applies to both legal and illegal drugs, including prescription medication and over-the-counter drugs.

How is DUI determined?

If DUI is suspected, the amount of alcohol in the driver’s blood is measured by a breath or blood test. The driver will be cited for DUI if the results are:

• .08 or higher for adults.
• .02 or higher for minors (under 21).

What can I expect if I am stopped for DUI?

If you are stopped for suspected DUI, the law enforcement officer may:

• ask if you have consumed any alcohol or drug-related substances.
• ask you to take a field sobriety test.
• ask you to submit to a breath test. If your blood alcohol content is .08 or higher, you may be cited and taken to jail. You also may request to have a blood test.

What if I refuse to take the breath or blood test?

If you refuse to take the test, your license will be revoked. When you operate a motor vehicle in Washington State, you automatically give consent to have your breath or blood tested if a law enforcement officer believes you have been driving under the influence of alcohol or drugs. This is Washington’s Implied Consent law.

DUI license suspensions

Will my driver license be suspended immediately after I’m stopped for DUI?

No. The amount of time until the suspension takes effect depends on the type of offense.

How long will my license be suspended?

Your license may be suspended from 90 days to 4 years, based on prior offenses and your blood alcohol level.

I am licensed in a state other than Washington. What happens if I am cited for DUI in Washington State?

When we are notified of your DUI, we:

• record it on your Washington State driving record.
• take the appropriate action to suspend or revoke your driving privileges.
• forward a copy to the state where you are licensed. They may also take action if required by their state laws.

I don’t have a driver license. How can you suspend something I don’t have?

An unlicensed driver stopped for a DUI will be reported the same way a licensed driver would be. If you do not have a record with the Washington State Department of Licensing, a record will be created based on the information provided by the law enforcement agency.

Contesting or appealing a license suspension

If you are arrested for DUI, you may request a hearing within 20 days of the arrest:

• online, with a Washington driver license and a valid Visa or MasterCard.
• OR
• by mailing a completed Driver’s Hearing Request and the $200 fee to the address on the request form. This form must be postmarked or received within 20 calendar days from the date of the arrest. In most cases, the law enforcement officer will give you a hearing request form at the time of your arrest. If no form is available, you may submit a written request and the fee.

Does it cost anything to appeal a DUI suspension?

There is a $200 fee for requesting a DUI hearing. This fee will not be refunded if you cancel the hearing or fail to appear when scheduled.

Note: If you are found to be indigent (your income is below the Washington State cut-off level), you may not be required to pay the fee. The Driver’s Hearing Request form includes an application to waive the hearing fee.

Where can I find information about appealing my suspension?

• The letter you received notifying you of your license suspension.
• The Hearings section of this website.

What issues will be considered at a DUI hearing?

During your DUI hearing, the hearing officer will consider:

• Whether you were lawfully placed under arrest.
• Whether the officer had reasonable grounds to believe any of the following:
  • You were driving or were in actual physical control of a motor vehicle while under the influence of alcohol or drugs.
  • You were under the age of 21 years and were driving or in actual physical control of a motor vehicle after consuming alcohol.
• Whether you were advised of the Implied Consent Warnings.
• Whether you refused the breath or blood test.
• Whether the breath or blood test exceeded the legal limits:
  • .08 or more if over age 21,
  • .02 or more if under age 21.
  • .04 or more if driving a commercial vehicle.
• Whether the breath or blood test was administered according to the law and Washington State Toxicologist Rules.

How can I get my license back?

It depends on several factors, including your blood alcohol content and whether you were involved in any previous DUI incidents. Your suspension letter lists everything you need to do to get your license back. To learn more about DUI suspensions or how to get your license back, please contact us:

• by phone at (360) 902-3900.
• by email at drivers@dol.wa.gov

Frequently asked questions

What happens if I win my license hearing, but the court still finds me guilty of DUI?

Your driving privilege will still be suspended based on the court conviction. The administrative hearing in your favor doesn’t override the court suspension.

If the court reduces the DUI to Reckless Driving, will my driving record show the reduced charge?

Yes, but the reduced charge doesn’t affect the administrative action we take as a result of the DUI. Any license suspensions, revocations, or disqualifications won’t be reduced or changed if a court reduces the criminal charge.

Can I get a restricted license while my license is suspended?

While your driver license is suspended or revoked, you may get an Ignition Interlock Driver License (IIL) that will allow you to drive a vehicle equipped with an ignition interlock device for the period of your suspension or revocation. Once you get the IIL, you waive your right to ask for a hearing.  To get a head start on things you may contact our office at 1-877-384-2569 and we can install the device and send your papers to the state immediately.

The preceeding information is from the Washington State DOL website

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