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Can I sit out my year long ignition interlock requirement and refrain from driving instead of applying to drive?

Kennewick, WA |

Pled guilty to a dui. Car now broken, and cannot afford fix or interlock. Not on a DP. 2nd dui in 9 1/2 years. One year ignition interlock per DOL. J&S form says "apply for ignition interlock". Ordered by court to refrain from alcohol for 5 years duration of probation. Confused about legislative wording stating alcohol monitoring could be ordered in lieu of those ineligible for interlock as I don't feel I'm eligible anymore. DOL says not driving for one year is an option and does not affect duration of requirement. Would waiting out ignition interlock be non-compliance?

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Attorney answers 2


You can move for a waiver. This might be more powerful if you sold the car.


The statute says that the Judge shall order you to apply for an IIL, but it can be waived under the same statute. If you are on probation for the DUI and subject to random UAs or breath testing that should be sufficient instead of the IIL. If you get a waiver of this then there is no non-compliance issue. If you choose not to apply for an IIL then that will likely trigger a probation hearing for non-compliance and that would be a good time to ask the judge to waiver the requirement for you. The best thing to do is consult a local Tri-Cities DUI attorney to help you accomplish this quickly and easily and avoid the stress of a non-compliance hearing.

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