PROSECUTION OF INTERLOCK VIOLATIONS

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Sergeant Ken Denton
Washington State Patrol - Impaired Driving Section
1

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
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
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
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
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
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If status is DWLS/R, that trumps everything!
Even if subject has device installed, they do not have a
valid license.
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Subject should have regular, plastic license and
device installed in any vehicle they are driving.
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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.
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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.
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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
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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.
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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.
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 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
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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!
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 Garden hoses
 Air compressors
 Hard-sided coffee cups retro-fitted
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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
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Tampering or Circumvention of the
interlock by tampering, is a gross
misdemeanor.
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Take pictures
Notify appropriate Ignition Interlock Program
Trooper
Use your interview skills
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Others involved
Device origin
Methodology of circumvention
Reliability of circumvention method
Gather evidence
 Garden hose, mattress inflator, coffee cup,
disconnected wiring, etc.
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
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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
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
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.
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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
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

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.
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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.
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
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!
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•Some manufacturers will install a device on a motorcycle
• Photo capability is not required if installation is done on the
motorcycle.
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
All devices record the following information
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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


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.
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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
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
Please contact us at any time with questions
Sergeant Ken Denton
(206) 720-3018
Ken.Denton@wsp.wa.gov
Trooper Pedro Zepeda
(206) 720-3018
Pedro.Zepeda@wsp.wa.gov
Trooper Craig Sahlinger
(360) 870-1676
Craig.Sahlinger@wsp.wa.gov
Trooper Dawn Blake
(509) 220-6665
Dawn.Blake@wsp.wa.gov
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