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PROSECUTION OF INTERLOCK VIOLATIONS

Sergeant Ken Denton Washington State Patrol - Impaired Driving Section. PROSECUTION OF INTERLOCK VIOLATIONS. IGNITION INTERLOCK DEVICES. How many ignition interlocks are installed in vehicles across the United States? Over 300,000

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PROSECUTION OF INTERLOCK VIOLATIONS

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  1. Sergeant Ken Denton Washington State Patrol - Impaired Driving Section PROSECUTION OF INTERLOCK VIOLATIONS

  2. IGNITION INTERLOCK DEVICES • How many ignition interlocks are installed in vehicles across the United States? • Over 300,000 • How many ignition interlock devices are installed in vehicles in Washington? • Over 18,000 • How many multi-time DUI offenders in WA State have an ignition interlock requirement, but no interlock installation record on file? • Over 22,000/ DWLS

  3. WHO MIGHT HAVE AN INTERLOCK INSTALLED IN THEIR VEHICLE? • Administrative (46.20.308-Implied Consent) Subject may choose to apply for II License in lieu of suspension • Criminal (46.20.720) conviction of DUI crime/s or reduction of DUI

  4. RCW 46.20.720DRIVERS CONVICTED OF ALCOHOL OFFENSES • Convicted of 46.61.502 or 46.61.504, DUI or Physical Control or other equivalent local or out of state ordinance • Convicted of *46.61.500(3)(a)(b) Reckless Driving * must have had a prior conviction of offense defined within 46.61.5055 within last seven years • Convicted of *46.61.5249(4) Neg Driving 1st Degree *must have had prior conviction of offense defined within 46.61.5055 within last seven years

  5. DOL RETURNS If status is DWLS/R, that trumps everything! Even if subject has device installed, they do not have a valid license.

  6. DOL RETURNS Subject should have regular, plastic license and device installed in any vehicle they are driving.

  7. DOL RETURNS This is an Ignition Interlock License. They should have a sheet of paper for their license. Subject should be driving a car with a device.

  8. DOL RETURNS Subject does not have a valid license – even if they have a device installed! Subject has not correctly submitted something; such as proof of insurance.

  9. DOL RETURNS • Drivers may have a device in their car, but no restriction shows on their DOL record • This may be for a variety of reasons • Vehicle is shared with another driver who has a restriction • Company vehicle – some companies install them voluntarily • Installed prior to obtaining an Ignition Interlock License • Subject is an ignition interlock employee • Family requests – teenagers, recovering alcoholics, etc.

  10. WORK VEHICLE EXEMPTION 46.20.720 (3)(b)(i) • Except as provided in (b)(ii) of this subsection, the installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours.

  11. EMPLOYER EXEMPTION • Abuse of exemption: Contact Ignition Interlock Program to assist in investigation. • Self-employed subject or business owner may be able to use this exemption in their own company’s vehicles. These exemptions are often abused and can be difficult to prove. Ask good questions: • Where are you going? • Wrong answer: Out to dinner with the family • Where are you coming from? • Wrong answer: Anywhere but work related business • What business were you conducting? • Wrong answer: Took my clients out to get drunk

  12. FOR THOSE EMBARRASSING TIMES YOU DON’T WANT BE SEEN GIVING SAMPLE TO YOUR INTERLOCKS If you’re driving down the road and see someone drinking from a giant cup with a large straw they probably have an interlock OR will need to make frequent stops at every rest area!

  13. EXAMPLES OF ITEMS USED TO CIRCUMVENT DEVICES • Garden hoses • Air compressors • Hard-sided coffee cups retro-fitted with two straws (inlet and outlet) • Mattress or raft inflators • Charcoal filter • Devices used to bail water out of boats, canoes, etc. • Devices specifically sold to defeat IID Clean – basically a cylinder filled with charcoal

  14. RCW 46.20.750 Tampering or Circumvention of the interlock by tampering, is a gross misdemeanor.

  15. CIRCUMVENTED OR TAMPERED WITH DEVICE, NOW WHAT? • Take pictures • Notify appropriate Ignition Interlock Program Trooper • Use your interview skills • Others involved • Device origin • Methodology of circumvention • Reliability of circumvention method • Gather evidence • Garden hose, mattress inflator, coffee cup, disconnected wiring, etc.

  16. WHAT CAN YOU DO IF YOU SEE THESE ITEMS DURING A TRAFFIC STOP? • Have the subject turn the vehicle off for two minutes, then have the driver provide a sample into the interlock device. • Ensure there are functioning lights or LED/LCD screens on the device • Cord for the device should be secured under the dash near driver knee

  17. OTHER TYPES OF CIRCUMVENTION • Having someone other than intended driver provide sample. • Problem with the RCW, Legislative action has been proposed. • RCW 46.20.750 Circumventing ignition interlock — Penalty. (1) A person who is restricted to the use of a vehicle equipped with an ignition interlock device and who tampers with the device or directs, authorizes, or requests another to tamper with the device, in order to circumvent the device by modifying, detaching, disconnecting, or otherwise disabling it, is guilty of a gross misdemeanor. This next slide is an actual case that occurred here in WA a few months ago.

  18. Subject fails with sample of .056 20 minutes later child unable to provide good sample 2 minutes later passed test from off camera 4 minutes later, random retest. Someone from off camera provides sample

  19. CHARGES FOR SUBJECT THAT PROVIDES A SAMPLE FOR A RESTRICTED DRIVER • RCW 46.20.750 Circumventing ignition interlock — Penalty. • (2) A person who knowingly assists another person who is restricted to the use of a vehicle equipped with an ignition interlock device to circumvent the device or to start and operate that vehicle in violation of a court order is guilty of a gross misdemeanor.

  20. 3.5 Minutes after a failed sample the BAC is .00 Vehicle starts Saturday, May 11, 2013 3:26:53 PM Picture Requested - Test Started Saturday, May 11, 2013 3:27:01 PM Initial Test-Pass - 0.000 Problem: Can not prove where violation occurred, driver won’t testify against them. Makes for great argument for use of GPS coordinates at time of test to be recorded in the data log.

  21. PROBATION VIOLATIONS • Probation from the courts different all over the state. Ask questions! • Probation violations may be the best method of using this information for accountability. • Probation Officers: Work w/ Interlock Program and Interlock Providers to gather great monitoring information!

  22. INTERLOCKS INSTALLED ON MOTORCYCLES • Some manufacturers will install a device on a motorcycle • Photo capability is not required if installation is done on the motorcycle.

  23. DATA LOGGER • All devices record the following information • Any efforts to disable the device • Date / Time of vehicle use • Pass / Fail records • BrAC Levels • Start and Stopping of vehicle engine • Service reminders • Date service performed • Images taken at time of testing

  24. USE OF DATA LOGS FOR INVESTIGATIONS • If investigating hit and run collision and suspect vehicle R.O. has interlock required, a photo may be available of the person that was driving just prior to the collision. • Last year, photo’s were used to identify suspect in drive by shooting. • Obtain a search warrant • Contact Interlock Program personnel for assistance.

  25. IGNITION INTERLOCK PROGRAM CONTACTS Region 1: Trooper Pedro Zepeda --- Seattle Office (206) 720-3018 Region 2: Trooper Craig Sahlinger--- Olympia Office (360) 870-1676 Region 3: Trooper Dawn Blake--- Spokane Office (509) 220-6665 HQ: Sergeant Ken Denton & Office Assistant Dilcia Miller--- Seattle Office (206) 720-3018 1 3 2

  26. THANK YOU! • Please contact us at any time with questions

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