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Understanding DUI Arrests in Kittitas County or Yakima County and Ignition Interlock Devices (IID)

Posted by Tony Swartz | Jan 25, 2023

Have you been investigated for, charged with, or found guilty of drunk driving in Kittitas County or Yakima County? As a consequence, you may have been ordered to install an ignition interlock device (IID) in your vehicle. This can be the result of either an administrative hearing or criminal conviction related to a DUI incident. IIDs can be useful in one way: they are often required when you want to drive but your license has been suspended. They can also cause you problems. These devices are hard to operate and can produce faulty results that can get you into more trouble.

At Law Office of Tony Swartz, Tony is a DUI defense lawyer who can inform you of your rights and help you understand your responsibilities while you fight DUI or DUI-related charges. This is especially true if you are required to install an IID to your vehicle. Contact Tony at 509-293-7593 to schedule a free consultation and learn more about your legal options.

What is an Ignition Interlock Device (IID)?

An ignition interlock device (IID) is a small device installed in a vehicle to measure the amount of alcohol in a person's breath. A driver must breathe into the device before driving, and if the IID registers the presence of alcohol over the legal limit, the car will not start. If the IID registers alcohol under the legal limit, the car can be started but with one caveat: a recorded warning is issued.

Everything the device records is reported to either the court or the state's department for motor vehicles (e.g., Department of Licensing) – it depends on who ordered the IID device or who manages the IID program.

Tony recommends clients either work with Intoxalock (877-268-9480) or SmartStart (833-718-2777). If you hire a lawyer, these companies also often give discounts on their services - it's worth asking.

What Information is Recorded and Reported?

For your own information, it is good to know what information is or can be recorded and reported. Typically, reported information is pursuant to each IID program but may include any of the following:

  • Date and time of each startup or rolling test
  • Location of the vehicle at the time of each test, if equipped with a GPS
  • A photo of you at the time of each test, if equipped with a camera
  • Pass or fail results
  • BAC reading for each test
  • Number of lockouts, if any
  • Indication someone else tried to take the breath test
  • Any tampering with or removal of the IID
  • Missed service visits

When are Results Reported?

Results are reported at different times. Generally, results are reported in real-time.

Why Are Ignition Interlock Devices Required in Kittitas County or Yakima County ?

Every jurisdiction has its own rules regarding the installation of ignition interlock devices, but typically IIDs are ordered in any of the following circumstances:

  • You were investigated for DUI offenses and had an accident, have a prior DUI on your record, or some other reason to make the judge concerned.
  • Your driver's license was suspended, but you were granted a restricted license with the installation of an IID as a condition, allowing you to drive back and forth to work, school, doctor appointments, or another court-approved location.
  • You were convicted of DUI and installation of an IID was part of the sentence.

Three Problems Associated with IIDs in Kittitas County or Yakima County

IIDs are sometimes flawed devices. Many complaints exist but here are the top three problems.

  1. False Positives. False positives are a reality with IIDs. Common household products (like mouthwash, hand sanitizer, and cough syrup) and foods (like energy drinks, pickles, and fruits) have been known to cause a false positive.
  2. User Error. Like IIDs, people are flawed too. Some IIDs require drivers to hum while they blow into the device. This can be difficult for some people, causing the device to record a violation that does not exist. 
  3. Multiple Drivers. Many people share vehicles with their spouses and other family members, and there is no way to shut down an IID when the vehicle is being used by someone other than the person it is intended to monitor.

These problems are not insignificant. When an issue arises, it can create more legal worries with the criminal court. The state can also revoke the restricted license, meaning you can no longer drive your vehicle to/from work, school, etc.

While all these problems can cause frustration and affect your ability to drive, ignition interlock devices can also be dangerous. 

Dangers of Ignition Interlock Devices

What many people fail to realize is that IIDs not only test blood alcohol levels before allowing the car to start but also while the vehicle is in motion. This is known as “rolling testing” and is a common reason for IID criticism.

Drivers are randomly prompted to provide a breath sample while driving. The purpose is to confirm that an unlawful amount of alcohol is not present in their system while operating the vehicle. To submit a breath sample while driving, however, is a big distraction and takes your eyes off the road. The latter creates dangerous situations and leads to accidents.

The only way to stay safe, keep your driver's license, and avoid a criminal record is through a smart DUI defense strategy. There are no guarantees that you will keep your license and avoid a criminal conviction, but retaining a criminal defense lawyer improves your outcome.

Contact a DUI Defense Lawyer in Kittitas County or Yakima County Today

If you have been charged with a drunk driving offense, it is in your best interest to seek counsel from a defense attorney experienced with DUI cases in Kittitas County or Yakima County. Contact Law Office of Tony Swartz by either using the online form or calling at 509-293-7593 for a free consultation.

About the Author

Tony Swartz

Tony Swartz is an experienced lawyer in Washington State. He has handled, most from start to finish, over 10,000 criminal cases with a focus on DUIs and other misdemeanor charges. In addition to his legal practice, Tony is a recognized expert in the field and routinely teaches classes at both Central Washington University and Yakima Valley College.

Law Office of Tony Swartz

Tony Swartz is a lawyer practicing criminal defense in Kittitas County and Yakima County who specializes in Ellensburg DUIs and Yakima DUIs. He also represents clients with other misdemeanor charges. Call today for a free consultation.

Tony moved to Ellensburg in 2005 and has lived here since other than a brief break for law school. He attended CWU and Willamette University College of Law. He is also on the executive board for Ellensburg Music Festival, Ellensburg Downtown Rotary, and Ellensburg Big Band (where he also plays trumpet). He also plays hockey at the Yakima Ice Rink and Kraken Community Iceplex, in addition to attending a lot of Seattle Kraken games.

Contact Info

​PO Box 684
Ellensburg, WA 98926
Office: 422 N Pine, Ellensburg WA 98926

[email protected]
509-293-7593
Fax: 509-295-8378

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