Ignition Interlock Geographic and Work Vehicle

Exceptions

     We are frequently contacted by attorneys and clients with questions regarding the work vehicle and geographic exceptions to ignition interlock orders.  After immediately responding that we do not give legal advice, we relate the following which represent the most frequently asked questions and what we understand to be the responses.  As you know, RCW 46.20.720(2) provides, in part:

The department may waive the requirement for the use of such a device if it concludes that such devices are not reasonably available in the local area.  The device is not necessary on vehicles owned by a person's employer and driven as a requirement of employment during working hours.

                             FAQs

1.        Q:   Is there anywhere in Washington where ignition interlock services are not available?

          A:   Probably not.  The state certification process requires all vendors to be able to provide service from a physical location within 75 miles of any client.  Some companies do not, however, have state-wide service coverage and an individual manufacturer's unit may not be serviceable at a Spokane location if it was installed in Seattle.  It is our understanding that some courts have granted geographic exceptions for individuals based on this distinction. 

2.        Q:   What procedure do I follow to invoke the employer-owned work vehicle exception?

          A.   There is no defined procedure in the statute.  We understand some attorneys write letters for their clients who drive employer-owned work vehicles for presentation to officers in the event of a traffic stop.

3.        Q:   Does the employer-owned work vehicle exception apply for clients who work in the automotive repair field and test drive customer vehicles as part of their job?

          A:   Your guess is as good as ours.  It seems to fall within the intent of the statute but it is difficult to stretch the language to include this situation.

4.        Q:   Is the employer-owned work vehicle exception available to individuals driving on an occupational restricted license ("ORL")?

          A.   DOL says "no" despite the fact that the intent of the ORL legislation was clearly to avoid onerous hard license suspension/revocation penalties and provide a mechanism for individuals to get properly licensed and insured and thus, return to the work force.  This is the subject of legislation proposed by WACDL this legislative session. 

5.        Q:   Does the employer-owned work vehicle exception apply to my client who is on a deferred prosecution and has an ignition interlock restriction?

          A.   Yes, the exception applies both to those who are sentenced on an alcohol-related violation of RCW 46.61.502 or 46.61.504 as well as to those who enter a deferred prosecution provided they are not limited to driving on an ORL for some other reason.

6.        Q.   Does the exception apply to my client who has lost the administrative hearing but has not been charged or convicted on the criminal side?

          A.   Again, it apparently does not apply if the client obtains an ORL, e.g., on a first offense, 90-day administrative suspension, the exception is not available if the client obtains an ORL after the initial 30 days of the suspension. 

     We hope this list of FAQs is useful and we invite your input.  We periodically will be publishing similar FAQs and they will all be posted on our website at:  www.washington-interlock.com.  If you have had other experience, please let us know and, of course, please consider referring your ignition interlock clientele to Smart Start®.  We believe we have a mutual interest in keeping your clients driving legally and we do our best to communicate with defense counsel to that end.