"What I've learned over time is if you bring to the courtroom
the ironclad will to win...success will follow."
– Douglas L Cowan
Cowan Kirk Gaston

We’re about one month into the world of the IIL and the more we learn, the less we know.  I have been tracking hundreds of emails from our colleagues about the timing problems for many of our clients.  Specifically, the time lapse between application and actually receiving the IIL. 

Currently, DOL is stating that it will be 3-4 weeks from application to receipt of the license.  Not only is this personally frustrating, but it frustrates the clear intention of the State Legislature by permitting individuals to avoid hard deprivations of their driving privilege.  That being said, we must recognize that DOL has never been concerned with assisting our citizens, nor have they ever been too concerned about what the legislature says.  If the 3-4 week period is correct, then even if a driver would to apply the morning following their arrest, they would be up against the gun here. 

At least one attorney has reported that it took her client 15 business days to get the IIL.  Another attorney reported that they went to a local DOL office, and since they already had the IID installed and the SR-22 on file, they were given an IIL on the spot!!!  What, customer service from the DOL?  As another attorney quickly pointed out, don’t be suprised if this is a once in a lifetime occurrence.  The reality of the situation is not too foreign to any of us.  Once you get government involved in anything, progress comes to a screeching halt.  The bureacracy that entangles everything at the local and state level precludes effeciency in just about everything.  Don’t expect things to get any better.  Government is never looking for more expeditious ways to do business. 

Knowing what we know today, you must advise your clients of the possible waiting period.  Should they choose to litigate their hearing, they must understand that if they loose, they will not be driving for 2-4 weeks even if they apply immediately.  For some clients that cannot afford any deprivation of their driving privilege, this forces them to either apply immediatley and waive their hearing, or hope to hell that they win.  As many of us know, winning a DOL hearing is like sucessfully throwing rocks at the moon. 

Other questions regarding the IIL:

Drug DUIs:  Yes, there is a rumor that if your client is convicted of a DUI involving drugs, not alcohol, they cannot get an IIL.  This rumor has been confirmed.  A representative from DOL, who shall remain anonymous, has stated that DOL is working with the State Legislature to remedy this problem, but as of this posting there is no progress to report.  Since the current ORL statute specifically excludes DUIs and the current IIL statutes refers to an “alcohol related offense” a person convicted of DUI (Drugs) cannot get an IIL or an ORL and therefore is SOL by the DOL…..you follow?

Previously Licensed:  Unlike the old ORL statute, which required that you possess an valid license at the time the suspension commenced in order to get the ORL, the IIL does not have these limitations.  According to the DOL, as long as your client has been given a license sometime in their lifetime, they can apply for the IIL. 

Happy New Year. Effective midnight, January 1, 2009 any driver facing a suspension under either RCW 46.61.5055 or RCW 46.20.3101 is eligible for the Ignition Interlock License. The applications for the Ignition Interlock License and the work vehicle waiver form are availale via this link: DOL IIL Applications.

First question, but preceeded by a long hypothetical.  Client is pulled over for swerving, admits to one drink earlier, is very tired.  Trooper has her do FSTs, not good enough, refuse PBT, arrested for DUI.  Apparently makes a statement saying that she also just took “Wellbutrin” and needs to get home “before it really kicks in.”  Also apparently states that Wellbutrin makes “her groggy.”  Client adamantly denies last two statements. 

Arrested, taken to station, talks to PD while father, an attorney, comes to the station.  PD tells her to take BAC…she does.  Results = .000.  Trooper now wants blood test as this must be a Rx DUI.  Client calls PD 2nd time, who tells her this time, that the Trooper has no right to ask for blood and she should not take it.  Client refuses. At DOL hearing, Client’s Dr, and Mom (Nurse) both testify that Wellbuttrin does the exact opposite of make you groggy, actually cranks you up.  Mom/Nurse familiart with the drug says that she has advised client to never take after 10:00 am. so while client denies statements about Rx, medical evidence backs it up. 

PD testifies that in retrospect, he blew it on the advice.  DOL upholds suspension anways.  Client NEEDS to drive and will probably get IIL.  Should she not have the right to appeal?  RCW 46.20.385 specifically waives this.

This is the first of what I expect to be several blogs.  I want to use this forum to discuss the implementation of the Ignition Interlock License.  (See RCW 46.20.385). As mentioned at the WFCJ Seminar on December 12th, while I’d like to have the answers for all the questions that inevitably will arise, I just don’t have enough information at this time.  That is why we have started this blog.  In the coming months, I want to hear from all of you, regardless of where you practice.  There are so many unknowns about this new license that we, as the defense bar, need to pool our resources and share our thoughts.  Specifically, in the coming months, I want to hear from all of you about the following:

1.  How long is it taking for your clients to get their IIL?

2.  What are you folks doing with the 2:00 am phone call and why?

3.  What is happening with people convicted of a DUI involving only drugs and not alcohol?

4.  How much more does the IID cost now, than it did before the IIL?

5.  What will happen if your client loses their DOL hearing, but gets their DUI reduced to a Reckless Driving?  Do they have to get both an IIL due to DOL and an ORL due to the Reckless? 

6.  Since the inception of the IIL, what do you advise your client “who just can’t lose my license for any reason” about a Deferred Prosecution?

Certainly this list is not exhaustive.  I want to hear from all of you about your experiences with the IIL.  If we all are willing to take a few minutes each week, to post your thoughts and observations, we can learn from each other.  I don’t care if you’re in private practice or you’re a public defender.  I don’t care what jurisdiction you practice in.  This blog is meant for every defense attorney in this State.  So you folks in Eastern Washington (God’s Country) I expect to hear from you as well. 

I want to hear about the good, the bad and especially the ugly.  I want to hear about your trials and tribulations.  I want to hear it all.  If you see a post, please don’t hesitate to respond.  We don’t always like to hear “war stories” but this forum is meant for just that.  The more I hear, the more I can communicate.  So please, take time to participate in this forum, we’ll all benefit from everyone’s insight.