"Hard" license suspension for Seattle DUI?
August 12th, 2009
A "hard" license suspension is a license suspension for which there is no driving of any sort allowed. By way of background, under the 2009 amendments to Washington state's DUI laws, a driver whose license is suspended for an alcohol-based DUI arrest or conviction may apply for an ignition interlock license. This license permits the individual to drive during the period of suspension so long as there is an ignition interlock device installed in the vehicle being driven, and other conditions are met. However, a strange quirk in the amendments to Washington state's DUI law that became effective January 1, 2009, exclude from eligibility for an ignition interlock license those persons convicted of DUI where the allegation is that the individual drove under the influence of drugs, not alcohol. Upon a first conviction for a drug/DUI, a minimum 90 day license suspension is imposed. "Drug/DUI" cases are not included as candidates for an ignition interlock under RCW 46.20.385 or RCW 46.20.720. The law also excludes such persons from obtaining and "occupational license." In Seattle DUI cases and elsewhere in Washington state, more and more people are being arrested for DUI where the allegation is that they drove under the influence of drugs, not alcohol. Typically, an officer called a "drug recognition expert" (DRE) processes this type of arrest. There are a number of DRE qualified DUI officers on the Seattle Police Department and also in the Washington State Patrol. It is hoped that the disparity in the law excluding those arrested for DUI/drugs from eligibility for an ignition interlock or occupational licenses will be addressed during the next legislative session.
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