(Author’s Note: The original of this article was published in 2005. A lot has changed since then and the reader is encouraged to check the websites of current law firms dedicated to DUI defense for updates.)
Although you will not find “loss of work” in Washington State DUI laws, a drunk driving arrest can have a devastating impact on your continued employment. Whether you need to drive to get to work, or must drive to do your job, a DUI arrest in Washington state sets in motion two ways in which you can suffer due to the loss of your license:
(1) administratively in the hands of the Licensing Department
(2) By court action if you are subsequently convicted of DUI.
In Washington state, when a breath test was taken and the result was .08 or higher, the Licensing Department will attempt to administratively suspend your license even if you are not charged with the DUI offense. In most cases, you will be eligible to apply for an ignition interlock license, but this requires that you drive (with few exceptions) only if the vehicle you are driving has an ignition interlock device installed.
There is an exception to the ignition interlock law that allows you to drive an employer’s vehicle, if the job requires it, without an ignition interlock. The application for this can be found on various websites, including the Fox Bowman Duarte website.
An ignition interlock means your car will not start if alcohol is present, and the horn will chirp and lights flash if alcohol is detected while driving. The job implications of this in-car breath-testing device are ominous for salespeople who require customer interaction: Few potential customers are impressed by a salesperson driving an ignition interlock vehicle.
Beyond this, people who must travel for business and then need to rent cars at destination sales locations will not be able to rent cars for as long as an ignition lock is required, which will affect the ability to travel for business. Currently, no car rental agencies are known to have ignition interlock-equipped vehicles in their fleets.
Criminal Penalties:
Even with no record, up to a year in jail can be imposed and, if the breath test is denied, a two-year license revocation is imposed. Then the ignition interlock requirement exists for at least one year after the suspension has been served.
If there is a prior DUI offense within seven years of the date of arrest for the current incident, things are made much worse if your job requires interstate travel. The new Washington State DUI law requires such a person to obtain permission from the Department of Corrections before traveling between states. The application process takes time and will greatly hinder or even prevent interstate business travel.
There are some careers that will be jeopardized by a DUI arrest or conviction for reasons other than loss of driving ability. Corporate officials, public figures, sports figures or employees with security clearances or those in sensitive positions may find, if the matter comes to media attention, that the impact of the resulting adverse publicity is more damaging to the race than the actual “legal consequences” of a DUI. The author of this article has represented persons so situated. Such cases must be well defended and carefully handled, with the goal of preserving career and minimizing potential legal consequences.
