Do I need to apply for an Ignition Interlock license even if I don't drive?

Many people wonder if they should save money and skip the Ignition Interlock license (and hence, installation of the Ignition Interlock device) altogether. It is important to note that if you receive a conviction for an alcohol-related DUI you will be required to have Ignition Interlock for at least one year upon suspension of your license. Further, if you opt for Deferred Prosecution, you will still be required to have the Ignition Interlock license for two years.

Deferred Prosecution is available to those in the state of Washington who have been charged with a misdemeanor or a gross midemeanor (RCW 10.05.010 (1)). The intent of the statute was to create an alternative to punishment through a treatment program. The alternative to punishment depends on the success and cooperation of the individual receiving treatment. To qualify, the individual must allege that the wrongful conduct was the result of "alcoholism, drug addition, or mental problems for which the person is in need of treatment and unless treated the probability of future recurrence is great [...]." Other requireents include agreement to pay and be able to pay the costs of treatment and an assessment by an approved alcoholism and/or drug treatment program (RCW 10.05.020 (1)).

Recollect that Deferred Prosecution operates as a plea agreement and therefore it is generally a condition of this plea agreement that the judge orders the individual to get the Ignition Interlock License (or, in the alternative, a judge may allow an ankle bracelet).

In some cases, the court will waive the Ignition Interlock License requirement if the court finds that there are no devices reasonably available in your area or the individual does not "operate a vehicle" (RCW 46.61.5055 (5)(d)). The statute goes on to say that when the requirement is waived by the court, the court shall "order the person to submit to alcohol monitoring through an alcohol detection breathalyzer device, transdermal sensor device, or other technology designed to detect alcohol in a person's system." You will be required to pay for this (RCW 46.61.5055 (5) (e)). You should discuss with your attorney the pros and cons of this alternative to assess its possible costs to you.