Uncovering Ignition Interlock Violation Penalties in Washington State

The car’s gassed up, your favorite driving playlist is pumping, and your shades are on. You’re ready to answer the call of the open road. Just one catch: Your ignition isn’t letting you go anywhere until you’ve proven you’re fit to drive.

That’s thanks to your Ignition Interlock Device (IID), a technological safeguard designed to ensure safe roads for all.¹

Ever pondered finding a way around the limitations of your IID? Learning about the Ignition Interlock violation penalties Washington State enforces might make you think again.

Typical penalties can range from additional fines to extended IID requirements, all the way to jail time. Here, we’ll unpack the details of these penalties so you can hit the road with your IID while staying compliant with the law.

IID Legal Requirements in Washington

The Evergreen State takes a strong stance on driving offenses involving drugs or alcohol. If you’ve been convicted of DUI, an Ignition Interlock in Washington will likely become a mandatory travel companion on the road to redemption. If you’re wondering, “Is a DUI a felony in Washington?” It’s usually considered a misdemeanor, however, in some cases, other violations such as reckless driving or negligent driving involving drug or alcohol charges, can also result in an IID requirement and a felony charge.¹

If the court orders you to get an IID, you’ll need to comply with the following requirements^1,2:

• Have an IID installed by an approved manufacturer
• Install an IID on every car you drive (that includes work motor vehicles, in most cases)
• Pay for the costs of installation, maintenance checks, and monthly leasing of the device
• Apply for SR-22 insurance or other proof of financial responsibility
• Apply for an Ignition Interlock Driver License (IIL)
• Keep the IID installed for the length of time ordered by the court

Finally, at the end of your IID requirement period, your IID company must submit a certificate of compliance to the Washington Department of Licensing. This document will attest that over the preceding 180 days, you have properly maintained the device, did not attempt to start the motor vehicle with a blood alcohol content (BAC) over 0.04, and did not miss any re-tests required by law.¹

IID Requirement Periods

How long will you be required to have an IID? This depends on the specifics of your case, including any previous history of Washington DUI convictions.

In general, you can expect the following sentencing periods¹:

• Reckless or negligent driving – If convicted, some cases of reckless or negligent driving result in a minimum IID requirement of 6 months.
• Operating a vehicle without an IID when required – This conviction carries a minimum 6-month IID requirement period.
• Circumventing an IID – If convicted, you can expect a minimum 6-month IID requirement period.
• DUI or physical control violation – A physical control violation means you had physical control of a vehicle while under the influence, even if the vehicle was not in motion. Both a DUI and physical control violations carry a minimum IID period of 1 year for the DUI Washington state first offense. This increases to a minimum of 5 years for the second offense, and a minimum of 10 years for the third and subsequent offenses.

These sentencing minimums can be affected by the circumstances surrounding your offense. For example, if you were driving with a passenger under the age of 16 in your motor vehicle, your IID requirement period will be extended.

Common IID Violations

Many IID violations are common sense, but some may be less obvious. Here are the IID violations you need to watch out for:

1. Tampering or circumventing the IID. Unsurprisingly, trying to manipulate or disable your IID is a serious violation. This can include having someone else blow into the device for you, removing the device yourself, or trying to change a reading—even if you’re trying to fix an error. If you believe your IID reading is incorrect, you’ll need to contact the manufacturer’s customer support line for assistance.
2. Missed calibration appointments. Part of the IID requirements include regular maintenance of your device by the installer. You’ll need to show up for scheduled calibration and other maintenance as required by your device manufacturer. This is in your best interest too—you need to know your device is providing accurate readings and storing test data properly.
3. Failed breath tests. Clearly, the primary purpose of an Ignition Interlock Device is to measure your blood alcohol concentration before you can start your car. If you fail a breath test when starting your car—or miss a retest while driving—your device will record the attempt or the missed test. This can result in an extension of your IID requirement period.
4. Driving any vehicle without an IID. Your Ignition Interlock License stipulates that you must drive a vehicle with an IID. This includes work motor vehicles (unless your employer applies for an exemption). You can’t borrow or rent a car without an IID installed, and it’s also illegal for anyone to rent or loan a vehicle to you if they have knowledge of your IID requirement.

Penalties for IID Non-Compliance

Violating the terms of an Ignition Interlock Driver License is considered a gross misdemeanor in Washington State. Failing to comply with IID requirements can lead to a cascade of penalties you don’t want to incur, from additional fines to a longer IID requirement period, or even jail time.

Keep in mind that most of the following penalties are mandated by the Washington DUI law. The judge in your case will only have a certain amount of leeway within minimum sentencing requirements, and some minimum penalties can’t be waived, no matter the circumstances.

Penalties can include³:

• Cancellation of your IIL – The IIL is a special class of restricted license, and it will be revoked if you don’t use your IID properly.
• Fines and fees – Financial penalties for an IIL violation range from a minimum of $50 up to $200. If your violation involves alcohol or drugs, additional fines range from a minimum of $350 to a maximum of $5,000.⁴ Court fees will add additional costs on top of these fines.
• Extended Ignition Interlock Device requirement period – Getting frustrated with your IID? Don’t let that tempt you into non-compliance—you’ll only be dealing with it longer. Circumventing an IID or driving a vehicle without an IID will extend your IID requirement by 180 days for each conviction.⁵
• Jail time – Yes, violating the terms of your IIL can even land you in jail. Washington law states that the sentence for an ILL violation can include the fines listed above or up to 6 months in jail—or both, at the judge’s discretion.

Compliance Tips for IID Users

If you have an IID, no doubt you want to comply with the rules and requirements that accompany it. After all, violations will result in additional penalties and disruption to your life, and that’s the last thing you want. You’ll be notified by the court of the conditions that come with your IID and the accompanying IIL license. Still, educating yourself on a few tips and tricks for staying compliant is wise.

Following these guidelines will ensure you stay on the right side of the law:

• Get regular calibration – Make it a priority to adhere to the maintenance and calibration appointments scheduled for your IID. These appointments ensure your device is effective, and they’re a requirement for having your IID removed promptly when your sentence is completed.
• Choose a reliable IID company – In Washington State, it’s especially important to be careful which IID device you choose. When it’s time to have your IID removed, your installer needs to submit an accurate certificate of compliance promptly. Faulty readings or unresponsive customer service can cause delays, or even extensions of your IID requirement period.⁶
• Be aware of potential false positive triggers – Occasionally, other substances can cause a false positive on a breath test. For example, be sure to avoid using mouthwash containing alcohol immediately before attempting to start your car. Tip: Give your mouth a quick rinse with water before performing a test with your IID.
• Understand that financial assistance is available – Washington State requires drivers to pay for the costs of an IID, including installation, leasing, transferring, and removal. But if you’re in financial trouble, don’t let that prevent you from complying with IID requirements. Washington offers a financial assistance program that partially reimburses low-income drivers who need to get an IID. Application forms are available on the Washington State Department of Licensing website.

Keep Your Ignition Interlock Device Working Smoothly With Smart Start

Complying with your IID requirements is a crucial part of restoring your standing as a safe driver in the state of Washington. At first, an IID might seem like a big inconvenience, but it doesn’t have to put a crimp in your driving style. Choose an IID that’s compact, discreet, and easy to install and use, and you’ll be done with your IID requirement before you know it.

When you make a Smart Start IID your passenger, you can rest assured that you’ll get fast and accurate readings every time.

Our state-of-the-art breathalyzers use a more sanitary and simple breathing method than other companies’ devices, making it easier to comply with re-test requirements when you’re on the go. With several IID models and pricing plans to choose from, you’re sure to find the right fit for you. And our convenient locations and same-day installation service will have you road-ready in no time.

Sources: 

1. Washington State Department of Licensing. Ignition Interlock Device (IID). https://www.dol.wa.gov/driver-licenses-and-permits/suspended-license/ignition-interlock-device-iid
2. Washington State Department of Licensing. Ignition Interlock Driver License (IIL). https://www.dol.wa.gov/driver-licenses-and-permits/suspended-license/types-driver-license-suspensions/restricted-driver-licenses/ignition-interlock-driver-license-iil
3. Washington State Legislature. RCW 46.20.410. https://apps.leg.wa.gov/RCW/default.aspx?cite=46.20.410.2
4. Washington State Legislature. Alcohol and drug violators—Penalty schedule.https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.5055
5. Washington State Legislature. RCW 46.20.720. https://app.leg.wa.gov/rcw/default.aspx?cite=46.20.720
6. SQ Attorneys. The four month IID compliance requirement. https://www.sqattorneys.com/the-four-month-iid-compliance-requirement/