Clients frequently ask questions about their ignition interlock obligations.  After we point out that we don't give legal advice, we direct them to their lawyer.  The following represents another installment in a series of FAQs we periodically publish.  Hope it helps.

                                                                          FAQs

1.         Q:         "Day for Day Credit" - What is it?

            A:         Past practice by DOL sometimes resulted in consecutive imposition of ignition interlock restrictions, e.g., first by a court, then by DOL after full re-licensing.  Day for day credit was intended to provide for concurrent application of any IID restrictions to avoid the problem of consecutive sanctions. 

2.         Q:         What's the source of it?

            A:         RCW 46.20.391 and RCW 46.61.5055.

3.         Q:         Does it work?

            A:         Sometimes.  The classic case occurs when an administrative suspension takes place before a criminal case is filed.  If the client obtains an ORL, say for 60 days prior to full eligibility, that 60 days will be credited against any IID required of the client if subsequently convicted on the same incident and, per the example, has a one-year IID restriction imposed.

4.         Q:         What do I watch out for?

            A:         DOL doesn't apply day for day credit unless the IID restriction comes out of a sentence on the criminal case or a duly issued ORL after an administrative suspension on that case.  Periods of IID imposed as a condition of pre-trial release, voluntary installation periods (e.g. on multiple offenders) and periods of use prior to entry of a deferred prosecution order don't get credit.  So, if a second offender, who is on track for a deferred, installs several months prior to the deferred order entry, the minimum one-year period is added to that pre-trial release period.  Courts may remove the sanction at a one-year review but DOL doesn't recognize the mandatory year as being completed unless it started when the order was signed.  If the order is entered nunc pro tunc, say if treatment started earlier, day for day credit should apply.  Watch out for ORL's issued for different or old cases.  The DOL won't apply that credit against the new case restrictions.

            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 our toll-free number is (800-880-3394)--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.