Archive for the ‘Department of Licensing’ Category

Have you been convicted of a DUI in Washington State and feel like someone is watching you? Well, if you don’t, then you will.

A conviction to a DUI in Washington State, either alcohol or drugs will now require installation of an Ignition Interlock Device (IID). This requirement is new in 2011.  In 2010, only a conviction to a DUI with alcohol required an IID.

As I have previously discussed in a prior blog, an IID is a device that allows you to start your vehicle after you “prove” that you have no (.02 blood alcohol content) alcohol in your system. An IID is required for any DUI conviction (high alcohol levels or low alcohol levels and again for drug DUIs) for a period of time not less than one year.

Prior to 2011, getting a device removed from your vehicle was no big deal. Once you were done with your IID requirement, you had it removed. Now, an IID can be removed only after the Department of Licensing (DOL) receives a declaration from your ignition interlock provider claiming that you have none of the following incidents in the prior four (4) months of the release date: You have not (a) had an attempt to start your vehicle with a breath test of .04 or more; (b) failed to take or pass any required re-test; (c) failed to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.

If you have any of the above issues, then you are required to continue with the IID in your vehicle until you have four consecutive “good” months with your IID. This new law allows the State to watch you via your device to see if you have complied and been “good”. This new law does not, of course, recognize that the IID may have issues (false positives and the like), or that your life may interfere with the maintenance, repair, or calibration appointments.

As a practical matter, keep an eye on your IID. Do not let anyone else around or use the unit. Don’t drink anything while you drive except good old fashioned water. Since you need four good/trouble free months with your IID before it is removed, guard it like it was your child. You should talk to your IID provider to see what kind of policy they have in place to assist you when you need that certification submitted to the Department of Licensing.

If you have any questions about your privilege to drive with an IID in Washington State or you need a recommendation for a trusted IID provider, in Washington State, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com.

In a recent post, I discussed the history of the Commercial Driver’s License (CDL), and how the Washington State Department of Licensing (DOL) can disqualify a CDL. In this post, I will discuss the types of incidents that can trigger a suspension or a disqualification of a CDL and DUI regulations in the State of Washington.

First, let’s start with the big reasons for a disqualification. They may include the following:

* Driving Under the Influence (DUI/DWI) of alcohol or drugs
* Hit & Run (either attended or unattended)
* Using a vehicle in commission of a felony
* Using a vehicle in commission of a drug felony (manufacture, distribution, possession with intent)
* Reckless Driving (if a prior serious traffic violation within 3 years)

If you are convicted of any of the above crimes, you are subject to a 1 year disqualification for the first incident, and if there is a second incident, you are disqualified for your lifetime.

You should also be aware that you can be disqualified for “Serious Traffic Violations” in your personal vehicle which may include:

* Excessive Speeding – 15+
* Reckless Driving
* Negligent Driving First Degree (criminal charge)
* Negligent Driving Second Degree (infraction)
* Following too closely
* Failure to Stop
* Failure to Yield Right of Way
* Speed too Fast for Conditions
* Improper Lane Change
* Improper Lane Travel
* Improper or Erratic Lance Changes

If you receive 2 violations in 3 years, you will be disqualified for 60 days, and if you have 3 violations in 3 years, you will be disqualified from using your CDL for 120 days.

Remember that there are Federal rules against “masking” or hiding convictions. This means that you cannot defer a traffic infraction (it will be reported as a conviction), nor can you defer a DUI (Deferred Prosecution) for the same reason.

Further, speaking of a DUI, you need not be “convicted” of a DUI in order to lose your CDL. In Washington State you lose your privilege to drive with your personal driver’s license (and subsequently your CDL) if you “lose” your Department Of Licensing (DOL) hearing. It is a privilege to drive in Washington State and you have a contract with the DOL to a) not drive with a Blood/Breath Alcohol Content (BAC) greater than the legal limit, or b) refuse to provide a law enforcement officer a sample of your blood/breath. If you have a DOL hearing, and lose, your CDL will be disqualified.

If you have any questions about your privilege to drive with a CDL and DUI penalties in Washington State, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com.

You have a Commercial Driver’s License (CDL) and you have worked hard to get that special licensing endorsement.

You have endured the medical examinations and have met the standards as proscribed by federal regulations.

You have put in the hard work with the training requirements – up to 160 hours of hard work including classroom instruction and lab work.

Your CDL is important to you, and you earn your livelihood from your CDL.

You were aware that you could not drive with a breath/blood alcohol content (BAC) of a .04 when driving a commercial motor vehicle (CMV).

You were aware that a DUI in Washington State could cause you to lose your personal driver’s license.

What you didn’t know, was that if you have been arrested for a Washington State DUI, and you are a CDL holder, you could very well lose your CDL for at least one year.”How could this be?” “How can the DOL and the Federal Government take my CDL?” “Is there any way to fight to keep my CDL so I don’t lose my job?” These are the questions that I am often asked as a Washington DUI Lawyer who defends people in Washington State accused of a DUI.

Let me start by telling you about the history of the CDL and how the federal government is involved. First, Federal standards were adopted in 1986 with the Commercial Motor Vehicle Safety Act (CMVSA). Before the CMVSA, there were only lose and inconsistent regulation between the states. With the adoption of the CMVSA, requirements were imposed on the driver, the employer, and the State. The influence of the Federal Government grew in 1999 when Federal Motor Carrier Safety Administration was created. The Federal Motor Carrier Safety Administration increased funding for enforcement of the CDL laws, as well as oversight. The biggest changes occurred in 2000, when disqualifications of the CDL were required for incidents for licensees even when they were driving NON Commercial Motor Vehicles! Disqualifications can occur even for “not so serious” violations. Do you think that the States could ignore the new regulations? No way, if they did so, they risk losing federal funding.

In my next post, I will talk about the types of incidents that can trigger a suspension or a disqualification of a CDL and dui regulations in the State of Washington.

If you have any questions about your privilege to drive with a CDL and DUI penalties in Washington State, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com.