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Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience:  Thirty years Criminal Defense
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My son has been charged with an Ignition Interlock Violation

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My son has been charged with an Ignition Interlock Violation in WA state. He has 2 past DUI's and several DWS's. At his last court date the Judge suspended his license for 7 years, so nothing was installed because he doesn't have a license. Is the Ignition Interlock Violation worse than another DWS?
Steven T Greene Esq. Qualified as an expert in Criminal Law,30 years of Criminal Defense trial work. Hi glad to help. Under the old interlock law he would be facing up to 90 days. Jan 1, 2011 this all changed and to not have the device, or to tamper with it is a gross misdemeanor which carries up to one year in jail and or a 5000 dollar fine. This violation is usually looked at as more serious than a misdemeanor DWS. He needs to get local legal counsel for this as he is facing jail time, especially in light of the fact that he has prior DUI's. How did this charge occur, was he driving, or was it given just because it was not installed, as it could make a difference. Also did he have a Ignition interlock drivers license? Thanks, Steve
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Customer: replied 5 years ago.

No device installed, no Interlock license and he was driving. Intially pulled over for no seatbelt.

Thank you! There are two times an interlock device is required ,one is by the bureau of motor vehicles if getting a restricted license. The other which applies here is that the court ordered him to do this as a minimum mandatory penalty of the DUI conviction. Thus even if his license was suspended, it would not matter, as the device is a required penalty not subject to waiver in this situation. Do not let him go at this alone and see if you can get him counsel or the PD, as this is serious, and easy to prove, and there is allot of room for negotiation since there is no minimum mandatory penalty. Good Luck, Steve