Feature Article

NEW DUI IGNITION INTERLOCK LICENSE

A new DUI law took effect on January 1, 2009 that allows you to drive while your license is suspended or revoked. Under the new law, if you have been arrested for an alcohol-related DUI or Physical Control, the Department of Licensing will allow you to continue driving if you obtain an Ignition Interlock License (IIL). If you are convicted of an alcohol-related DUI or Physical Control, the Court will order you to obtain the IIL. The IIL allows you to drive vehicles equipped with an ignition interlock device during your suspension or revocation period.

Unlike an Occupational/Restricted License (ORL) which restricts the times of day, days of the week, and geographical area in which you may drive, the IIL allows you to drive at any time of the day or night, on any day of the week, and in any geographical area. The Department of Licensing still offers ORLs, but only for non-alcohol-related suspensions or revocations.

Additionally, there is no wait period for an IIL. You may apply for the IIL at any time after a DUI arrest. However, to do so, you must waive your right to a Department of Licensing hearing to contest the revocation or suspension of your license. The IIL is not free; the Department of Licensing requires a $100 application fee, proof of financial responsibility (usually high risk insurance), and an ignition interlock device on all vehicles driven during the period of revocation or suspension. There is usually an installation fee for the ignition interlock device, as well as a monthly maintenance fee.

If you have been arrested for an alcohol-related DUI or Physical Control, you will be required to obtain an IIL if you wish to maintain your privilege to drive. If you are convicted of an alcohol-related DUI or Physical Control, or if you have entered into a Deferred Prosecution, the Court will order you to obtain an IIL.

© 1999 - 2010 Aoki & Sakamoto LLP. All rights reserved.