If you’ve been arrested for DUI in Washington, one of your first concerns is probably your ability to keep driving. A conviction or test refusal can lead to license suspension, but Washington law allows many drivers to keep their driving privileges if they install an ignition interlock device (IID).
Cascade Lawyers has represented hundreds of clients who were arrested for DUI. We are very familiar with IIDs. If you have questions, please give us a call at 206-970-3030 and we can review the details of your case.
What Is an Ignition Interlock Device (IID)?
An ignition interlock device is a small breath-testing machine that connects to your car’s ignition system. Before starting the vehicle, you must blow into the device. If the device detects alcohol above a very low threshold (usually 0.025), the car will not start.
The IID will also require rolling retests while driving. If you miss one or fail, it’s recorded and reported to the Department of Licensing (DOL), and could affect your license status or case outcome.
While many of our clients are concerned that they will be forced to use an IID, these devices are actually helpful because they can allow you to keep driving.
Who Has to Install an IID in Washington?
When you are arrested for DUI or refuse a breath test, there are both administrative and criminal processes that begin. So, there are two main ways an IID requirement can come into play:
1. Administrative (DOL) Requirements
If you are arrested for DUI or refuse a breath or other chemical test, the Washington Department of Licensing will typically suspend your driver’s license. This happens even before your criminal case is resolved. To keep driving, you can apply for an Ignition Interlock Driver License (IIL). This is a unique type of restricted license that permits you to drive even if your regular license is suspended.
For most first-time DUI arrests, the DOL will impose a 90-day license suspension. If you install an interlock device and apply for an IIL, you may be able to drive during that suspension period.
2. Court-Ordered IID
A judge may order you to have an IIL at your first hearing, even if this is your first arrest for anything. The judge will order it if you ever had a prior DUI. Depending on the final outcome in court, you may have additional IID requirements (such as one year if you are convicted). Even if the court doesn’t order an IID, you may still need one if you want to drive during your license suspension.
First-Time DUI: Do You Need an Interlock?
Most first-time offenders are not court-ordered to get an IID unless there are aggravating factors like a high BAC or a breath test refusal. But the DOL often requires an interlock if you want to keep driving while your case is pending or during a suspension.
So even if you’re not convicted of DUI, you may still need an IID just to legally drive. The reason for this is your license is typically suspended before your criminal case is even done. That’s why you need an IID, so that you can get restricted driving privileges during your license suspension.
Keep Driving With An Ignition Interlock Driver License (IIL)
The IIL is a restricted license issued by the Washington Department of Licensing. It allows you to drive a vehicle with an IID installed, even if your regular license is suspended.
To get an IIL, you must:
- Install an IID from a licensed provider
- Show proof of SR-22 insurance
- Pay an application fee
- Submit required forms to the DOL
You must only drive a vehicle with an interlock device installed for the duration of your suspension, plus any period required by a court sentence. You cannot drive other vehicles without an IIL.
Generally speaking, the length of time you must use an IID depends on your case:
- First DUI offense: Usually 1 year
- Second DUI offense: At least 5 years
- Third DUI offense: At least 10 years
- Test refusal: May trigger longer IID requirements
In some cases, your IID period may overlap with your license suspension. In others, you may be required to maintain the device even after your license is reinstated. Out of state DUIs may have different impacts on your case.
Can Commercial Drivers Use an IID?
No. Commercial drivers are not allowed to operate a commercial vehicle with an interlock device, even with an IIL. If you have a CDL and are arrested for DUI, you will lose your ability to work in that capacity.
There is no workaround for this in Washington. If driving is your livelihood, it’s important to speak with a DUI trial lawyer immediately after an arrest to understand your risks and options.
Where Do You Get an Ignition Interlock Device?
Washington law requires that you use a certified interlock provider. You can’t install a device on your own or buy one off the internet. Approved vendors can be found through the Washington State Patrol’s list of certified ignition interlock companies. There are costs for installation, monthly fees and calibration fees.
You’ll also have to take the car in for regular monitoring and reporting.
The three most common companies our clients use for IID are LifeSafer, SmartStart and Intoxalock.
What If You Fail a Breath Test on the IID?
The IID records any failed attempts to start the vehicle or any missed rolling retests. These results are sent to the DOL and may trigger consequences such as:
- Extension of the IID requirement
- Cancellation of your license
- Additional license penalties
Multiple violations may lead to an investigation or even new criminal charges if tampering is suspected.
What If You Tamper With the Device?
Tampering with an ignition interlock is a serious offense. That includes:
- Trying to bypass the device
- Having someone else blow into it
- Disconnecting it
Any of these can lead to new criminal charges, loss of your license, and a longer interlock requirement.
If you believe there’s been a false positive or a mechanical issue, contact your device provider immediately and document the problem.
Why Many Drivers Install an Interlock Voluntarily
Even if you are not yet required to get an IID, many drivers choose to install one early because it allows them to keep their driving privileges. The restricted interlock driving license lets you continue driving. It can also show the court that you are being proactive about your situation.
If you’re arrested for DUI and you rely on your car, the interlock program gives you a legal way to keep driving, even if your regular license is suspended.
How a DUI Trial Lawyer Can Help
Washington’s ignition interlock laws are complicated. You are likely to be dealing with two processes at once: a criminal DUI case in court and a license suspension through the DOL.
Each process has different deadlines and different consequences. A criminal defense trial lawyer can help you understand how these systems interact and whether installing an IID now will help protect your driving privileges.
At Cascade Lawyers, we have helped hundreds of drivers facing DUI charges across Washington state. We understand how to protect your license and how to defend you from these charges.
If you’ve been arrested for DUI anywhere in Washington state, we can help you sort through your court options, DOL deadlines, and ignition interlock eligibility.
Please give us a call at 206-970-3030 or fill out our online contact form. We can review your case and help you decide your next steps. Early action can make a big difference.