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Is Your Driver’s License Suspended from a DUI? You May be Eligible for an IIL Drivers License

Is Your Driver’s License Suspended from a DUI?  You May be Eligible for an IIL Drivers License

If your Washington State driver license has been suspended or revoked because of a DUI or other drug and/or alcohol related offense, you may be eligible for a IIL, or Ignition Interlock Driver License.  For many, having the ability to drive is a necessary part of life; going to doctors appointments, picking up kids from daycare, driving to and from work etc, and filling out paper work and paying monthly costs is worth having their driving capabilities restored by obtaining an IIL.

You may qualify for an Ignition Interlock Driver License if you meet all of the following requirements:

  • You must have an unexpired Washington State driver license.
  • You have a Washington State residential address.
  • You have an arrest or conviction of any of the following;  1) DUI or physical control involving drug or alcohol, 2) reckless driving, 3) vehicular assault involving drugs or alcohol, or 4) vehicular homicide involving drugs or alcohol.
  • Your current suspension or revocation doesn’t include and of the following; 1) minor in possession, or 2) habitual traffic offender, suspended 1st degree.

Along with a IIL you must also install and maintain an ignition interlock device on any vehicle you drive.   An ignition interlock device is an instrument installed in or near the steering wheel of your vehicle that will require you to blow into before you can start the vehicle.  Your BAC, or blood alcohol content, blow must be under .025 for the vehicle to start.

To apply for an IIL you must:

  1. Install an ignition interlock device on vehicles you will drive.  The installer will send the proof of installation to the Department of Licensing.  See our recommended list of DUI / Reckless Driving Ignition Interlock Companies by clicking here.
  2. Obtain SR-22 car insurance.
  3. Complete a Restricted Driver License Application, available on the Washington State Department of Licensing website, www.dol.wa.gov.
  4. Submit the application and fee.

If the DOL approves your application they will mail or email or Ignition Interlock Driver License when your license suspension or revocation begins.  Once you have your IIL you may legally drive your ignition interlock equip vehicle as long as you maintain and pay for the ignition interlock device and SR-22 insurance.

If you have been arrested and/or charged with a DUI, reckless driving, or any other drug and/or alcohol charge in Washington State, contact the qualified DUI and criminal defense attorneys at David O Defense to schedule a free consultation, 206-459-6392.  They will listen to your case and answer any questions you may have, including questions concerning driver license suspension.

 

Written by Sarah Ann

Pilot Suspended from Flying after receiving a DUI while Driving

Pilot Suspended from Flying after receiving a DUI while Driving

Jimmy Carrillo may be freaking out right about now due to his recent DUI arrest possibly destroying his career as a pilot.  Carrillo, has been removed from duty as a pilot with PSA Airlines, a subsidiary of American Airlines, while his DUI is under investigation, which could mean no flying and possibly no paycheck for Carrillo for many months.  It is not unusual for a DUI investigation and case to take months to resolve and some DUI cases can take a year or more to come to an end.

Carrillo, a North Carolina resident was in Naples, Florida when he was arrested for drunk driving.  According to police reports, on Monday morning around 2:11 am, Carrillo failed to stop his 2014 grey Buick rental car at a flashing red light.  He ran the light and cut in front of a deputy and another driver.  Police pulled the 35-year old over and questioned him on his whereabouts. Carrillo admitted he had just come from a local bar, Blue Martini, and while holding up four fingers he told the officers he had only consumed two drinks.  The pilot knew he was in the hot seat and tried talking his way out of the DUI by saying, “I have too much to lose,” and that he could call someone to pick him up immediately or take a cab.  He also reassured the local deputies that he, “wouldn’t fly an airplane for the next 12 hours.”  Carrillo’s BAC revealed a result was 0.095, he was arrested and charged with DUI.  Florida’s legal drinking limit is 0.08, the same as Washington State’s legal limit.

According to the Federal Aviation Regulation the use of alcohol and drugs by pilots is regulated by FAR 917.  Among other provisions, this regulation states that no person may operate or attempt to operate an aircraft: within 8 hours of having consumed alcohol, or while under the influence of alcohol, with a blood alcohol content of 0.04% or greater, or while using any drug that adversely affects safety.

Carrillo needs to hire a strong DUI defense lawyer, his career is depending on it.  Since Carrillo doesn’t live in Florida, he most likely doesn’t have a personal referral for a good DUI attorney and will have to find one on his own.  He would greatly benefit from reading our web page, “How to Pick a DUI or Criminal Defense Attorney – Know What Questions to Ask,” which provides information on to select the best DUI attorney for case representation.

 

Written by Sarah Ann

Can I Get A DUI While Riding A Bicycle?

Can I Get A DUI While Riding A Bicycle?

It’s a well-known fact that here in Washington State you can get a DUI while driving a motorized vehicle or operating a motorized boat if you are under the influence of alcohol, but can you also be charged with a DUI if your riding your bicycle while intoxicated?

The answer is NO, you can not be charged with a DUI in Washington State if you are riding your bike while drunk.  However, every state has their own laws pertaining to DUI bike riding.  For example, if you were under the influence of alcohol and/or drugs on a public road in California, you could be charged with a misdemeanor and face a $250.00 fine (separate from a motorized DUI charge).  Contrasting California’s DUI bike laws, are states such as South Dakota who encourage individuals to ride their bike if they are intoxicated rather than getting behind the wheel of a motorized vehicle.

Here in Washington State, a law enforcement officer cannot arrest an individual for riding their bicycle while under the influence.  The officer does have the authority to stop the bicyclist and ask them if they would voluntarily like to be transported somewhere or if they would like to have another competent individual escort them home.  If the bicyclist refuses help, the officer must let them proceed without any further action.  Lastly, the officer may impound the bike if they feel the bicyclist is a threat to public safety and there is no alternative to impounding the bike.  Luckily for the bicyclist, once they are no longer intoxicated they can reclaim their bike without paying an impound fee.

So Seattle and Washington State bikers, enjoy the summer winds, stop and indulge in some happy hour, and hit the roads again without the fear of being charged with biking DUI.  Bike safely and know your legal rights!

Here is RCW 46.61.790, Intoxicated bicyclists. (Derived from apps.leg.wa.gov)

(1) A law enforcement officer may offer to transport a bicycle rider who appears to be under the influence of alcohol or any drug and who is walking or moving along or within the right-of-way of a public roadway, unless the bicycle rider is to be taken into protective custody under RCW 70.96A.120. The law enforcement officer offering to transport an intoxicated bicycle rider under this section shall:

(a) Transport the intoxicated bicycle rider to a safe place; or

(b) Release the intoxicated bicycle rider to a competent person.

(2) The law enforcement officer shall not provide the assistance offered if the bicycle rider refuses to accept it. No suit or action may be commenced or prosecuted against the law enforcement officer, law enforcement agency, the state of Washington, or any political subdivision of the state for any act resulting from the refusal of the bicycle rider to accept this assistance.

(3) The law enforcement officer may impound the bicycle operated by an intoxicated bicycle rider if the officer determines that impoundment is necessary to reduce a threat to public safety, and there are no reasonable alternatives to impoundment. The bicyclist will be given a written notice of when and where the impounded bicycle may be reclaimed. The bicycle may be reclaimed by the bicycle rider when the bicycle rider no longer appears to be intoxicated, or by an individual who can establish ownership of the bicycle. The bicycle must be returned without payment of a fee. If the bicycle is not reclaimed within thirty days, it will be subject to sale or disposal consistent with agency procedures.

 

Written by Senior DUI Defense Attorney David O

Co-Written by SAO