Getting stopped, arrested and charged with DUI is undoubtedly a traumatic experience. There a plethora of consequences that immediately arise while the DUI case is pending in the courts. To name just a few, a person faces the prospect of possibly spending time in jail, posting bail, wearing an ankle bracelet that has sensors to detect alcohol, or that ensures the person remains at home. However, if someone is arrested and charged with a second DUI, RCW 10.21.055 is quite clear, the imposition of an ignition interlock device is required. RCW 10.21.055 reads, in part:
“(1) When any person charged with or arrested for a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, in which the person has a prior offense as defined in RCW 46.61.5055 and the current offense involves alcohol, is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release shall require, as a condition of release, that person to (a) have a functioning ignition interlock device installed on all motor vehicles operated by the person, with proof of installation filed with the court by the person or the certified interlock provider within five business days of the date of release from custody or as soon thereafter as determined by the court based on availability within the jurisdiction.”
This statute, and its requirements, applies regardless of the age of the previous DUI, and the requirement to maintain an ignition interlock will remain in place throughout the processing of the DUI case, as outlined below:
“(2) Upon acquittal or dismissal of all pending or current charges relating to a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, or equivalent local ordinance, the court shall authorize removal of the ignition interlock device and lift any requirement to comply with electronic alcohol/drug monitoring imposed under subsection (1) of this section. Nothing in this section limits the authority of the court or department under RCW 46.20.720.”
As we here at SQ Attorneys have said time and time again, DUI laws in Washington State are continuing to get a lot tougher. Be smart when arrested for DUI, immediately seek the assistance of a Seattle DUI lawyer. A qualified and trained Seattle DUI attorneys will sift through the myriad and numerous defenses in a Washington DUI case. So if facing a DUI, do not go it alone, and do not just hire some ‘general’ practitioner. Washington DUI laws are far too complicated for any ol’ attorney to handle. Be smart … hire a qualified, skilled Seattle DUI lawyer when arrested for DUI in Washington State.
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