Author: Aaron Wolff (4 Articles)
FRUSTRATION WITH THE DOL AND THE NEW IIL
A few weeks ago I had an entry discussing the new Ignition Interlock License (IIL) that became effective at the beginning of the year. The new IIL benefits drivers in Washington who get arrested for a DUI and lose their license either administratively by the hearing process or as a result of a conviction for DUI. In the past, drivers were eligible to get a temporary/restricted license (TRL) but only after a mandatory waiting period of at least 30 days. With the new IIL, drivers who face suspensions or revocations are immediately eligible to get an IIL by statute.
Here is the catch: While they are immediately eligible for the IIL, DOL is now informing people it takes two to three weeks to process the applications. I spoke with an employee at the DOL who informed me that every day they are receiving 100-150 applications for an IIL. The person informed me that it is very important that they have proof of the SR22 insurance AND the interlock being installed prior to when they receive the actual application, and it possible, to attach proof of both with the application.
Two to three weeks without driving is devastating to most people. People fear having to tell their employer they cannot drive because they got a DUI. They think that even though they were arrested for DUI, and maybe they will lose their license, they will be able to drive- uninterrupted. As it currently stands, that is not the case. I am working with several other lawyers in the community to see if the DOL can streamline the processing to expedite the issuance of IIL. I recognize and appreciate the fact that the legislature and citizens of Washington look unfavorably upon DUI’s, but it is clear the way the current process stands is unacceptable. People in Washington, even though they may be arrested for DUI, still need the ability to drive. That was part of the intent of the legislature when they passed the new IIL law and hopefully the DOL will be able to honor that in the very near future.
Yeah. I turned my application with my $100 fee in to the DOL in person. The lady I talked to said I should hear back from them in 7 to 10 days. Well day 14 came and I finally called them wanting to know what was up. The nice lady I talked to on the phone told me it would take THREE to FOUR WEEKS!!! Ridiculous, but based upon my past experience with the WSDOL it really shouldn’t surprise me.
In January 2009 I was granted a mental health deferred prosecution. I was ordered to attend mh counseling and have a IID installed for one year. I gave up my right to a DOL hearing for the deferred prosecution. My attorney said to go get my license. I had to apply for the IIL, pay $100 AND obtain SR22 insurance, even though I had well over the minimum state requirements for insurance, which used to be PROOF OF FINANCIAL RESPONSIBILITY. My attorney told me to get SR22 thru another company as many attorneys are advising their clients. I did however dual coverage is not legal in WA and because the insurance company with the SR22 was aware of this issue, they gave me the insurance. Now I have 2 insurance policies on 1 car. This is to avoid my other insurance company from finding out, which is what a deferred prosecution is supposed to do. Of course when my other insurance company looks at my driving record they are going to see what a good girl I am because I decided to have an interlock devices installed. Yeah, right.
So, I have a MH deferred. Now I have to have the device for 2 years rather than the 1 year the judge stated. Had I pleaded guilty, I would have been required to have it for only 1 year. The DOL has the ability to right rules and they decided that anyone on a deferred prosecution has to be in a treatment plan for 2 years so they should also have the interlock for 2 years. This does not make any sense.
Also, when I went to get my drivers license, I was told the piece of paper the DOL sent is my license and if I want a picture ID I would have to give up my right to drive. I never had DOL hearing because I did a deferred. I never lost my license. Yet I am now in this predicament which I cannot get out of because of the new law and the fact that it is not clear. I am not trying to get out of doing what I was ordered to do, I am trying to make the DOL do the right thing.
Anyone else dealing with this? Any advice?
I meant that the DOL has the ability to WRITE rules (not right rules).
I got a DUI in WA and I am an Oregon resident……I thought after everything I had done to meet the minimus prior to my court date and spending one nnight in detention (that is a story in itself…food trauma) I spent 3k on an attorney after being passed a post it note by the court clerk from the judge (whipered she was helping me) on fisrt appearance after my arrest and had orginally pelad giolty so I could get it all over and done with that the judge advised me that since I was distraught I did not understand what could happen to me refused my guilty plea! It was then the clerk passed me the post it with the name of an attorney to see……Necer the less my DUI was in August and my final court date was January! I was convicted. NOW it is June and I am finding I have to get an interlock device for WA and file an SR22 for WA! Oregon does not require this but now my license is in jeopardy with Oregon since WA contacted them. I thought I was done with this nightmare, And the officer who pulled me over changed his story from the original report several times and that was frustrating. I left a wedding reception and was lost in downtown Vancouver…anyway. I have no idea what to do or how to do it now. Very naive to the system and need some advice. I feel like there needs to be a cut and dry procedure for OR and WA since it is not reciprocal punishment for each state. Something needs to be deifned since I get two different stories from each state. Yeah I am very freaked out. How long does this go on?
Consider yourselves VERY fortunate you dont have to do a hard suspension for a year. I got DUI’s in 2001 and 2004 . Penalties amounted to 45 days in work release..3 months home detention and 3 years revoked with the first year no driving at all. I have to have IID for 5 freaking years. WA state legislators just laid down and let MADD have their way. Now they are starting to soften up the penalties a little ..
My ignition interlock was installed two weeks ago, Smartstart has sent the verification, the application was made and paid with the DOL at the time of installation, the SR22 was sent before it was even installed. It’s incredibly frustrating. I’ve been calling the DOL frequently and they keep saying it takes “7 to 10 days to process”, well it’s been longer than that. They said that Smartstart may have sent in a dated Verification form, Smartstart says they sent in the right one and will resend it.
This is devastating for me in terms of getting around. I have to travel next week across the state, had been assuming I’d have the IIL by then. I’m not sure how I’ll travel without driving. Buses and trains are costly, don’t go to where I’m needing to go, and the times are bizarre. I just don’t see a reason for the hold-up; I don’t think its paperwork backing up, I think anyone affiliated with a license suspension or a DUI is not given any sort of priority with the DOL. Very disrespectful to WA state citizens in my opinion, I’ve done everything right, I’ve been kind to the folks on the phone despite my frustration and there’s nothing I can do. Ignition Interlock License is a great opportunity to let people drive and not drink, but what’s the point if I have to wait half way into my suspension to be allowed to drive?
I’ve had good and bad experiences with WA DOL, usually bad and this is just a terrible experience. I am hoping this will be resolved soon so I can move on with my life.