RE: "What if I don't have a car?" and other DOL anomalies

 

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. Occasionally, their attorney then directs the questions to us. The following represents another installment in a series of FAQs we periodically publish. Hope it helps. As always, this represents our understanding based upon our day to day interaction with the Department of Licensing. There's no warranty so be sure to independently verify with DOL.

FAQs

1. Q: "What if I don't have a car in which to install an ignition interlock?"

A: According to DOL, during a period of ignition interlock restriction, a driver's license cannot be re-issued unless you install an ignition interlock in a vehicle. If you don't have a vehicle to install in, DOL will not re-issue your license, even if you have met all the other requirement such as SR-22.

2. Q: If I don't have a car, how can I get a license issued during a period of ignition interlock restriction?

A :You can't usually but as crazy as it sounds, if you can convince someone else to let you use their car and install an ignition interlock, you can meet the requirement and get your license re-issued. Of course, that other person would have to continuously maintain the device because if it is de-installed, DOL will re-suspend you. This strategy has its own set of problems i.e., the other person drives with alcohol on their breath.

3. Q: What if I can't afford all this stuff and I decide to sell my car and not drive during a period of restriction?

A: If you remove your ignition interlock and sell your car during a period of restriction, the ignition interlock provider is required by law to send the notice of removal to DOL. DOL will then re-suspend your license.

 

4. Q: If I don't have car or I sell my car during a period of restriction, is there any way I can take advantage of the employer-owned work exception and drive my employer's vehicle while at work as part of my job?

A: Not that we're aware of because you can't have a valid license unless DOL has on file a current ignition interlock installation notice.

5. Q :Can I share a car with someone?

A :Why not? We have husband and wife clients who unfortunately each got a DUI and who share a car. By sending in two distinct notices of installation, they were each validly re-licensed. Again, if you're sharing an interlock device with somebody, this may introduce a whole new set of issues for compliance with the court but presumably our husband and wife clients can trust each other.

6. Q: What about roommates or friends?

A: We know of no reason others can't engage in a bona fide sharing arrangement.

7. Q: Can I just wait out the period of IID restriction and not drive and then apply for a license?

A: Sure. But keep in mind that the typical one-year period of IID restriction does not begin until you are eligible for re-licensing (unless you obtain day for day credit on an earlier occupational restricted installation).

8. Q: Can I get an occupational restricted license (ORL) if I don't have a car.

A: No. You need to install an ignition interlock in the vehicle you use for the ORL purposes.

9. Q: Are there any odd restrictions on the employer-owned work vehicle exception that you are aware of?

A: Yes. DOL representatives tell us that they take the position that the exception does not apply during the time you are driving a company car to and from work during, i.e., it only applies if you are driving a company-owned vehicle during work. This may relate to outside sales people and others who are supplied a vehicle by their work. We don't know what the statutory authority for this interpretation is.

10. Q: Can I take advantage of the employer-owned work vehicle exception if I'm driving on an ORL?

A: Strangely, DOL takes the position that you cannot. Again, we don't know what the statutory rationale for this is and it seems unfair.

11. Q: Are there any circumstances in which I will not receive day for day credit for an ignition interlock installation.

A: Yes. DOL says you will not get day for day credit if you install prior to sentencing as a condition of release, pending entry of a deferred prosecution or on a voluntary installation.

12. Q: Can you think of any other strategies to get licensed if we don't have a car?

A: Other than sharing a vehicle with somebody, I can't think of one that doesn't involve the expense of installing and maintaining an ignition interlock on some vehicle. If driving at work under the employer-owned work vehicle exception is critical, you may want to consider having an installation on a cheap vehicle you don't use.

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). Please consider referring your ignition interlock clientele to Smart Start7. 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.