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.
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