Driving after a DUI in Washington: the Ignition Interlock Driver License (IIL)
In Washington, a first-offense DUI driver can apply for an Ignition Interlock Driver License (IIL) with no waiting period. The licensing agency issues it. An ignition interlock is required; an SR-22 filing is required; DUI-program participation is not required. The deadline to request a hearing on the administrative suspension is 7 days from the notice.
Most states let a first-offense DUI driver back on the road before the suspension ends — under a restricted privilege that goes by a different name in almost every state, that usually starts only after a set number of days with no driving at all, and that comes with its own conditions. The rules below are the ones the Washington State Department of Licensing state, each quoted from the source.
Also called: ignition interlock driver's license (RCW 46.20.385); Restricted Driver License Application (DOL form used for both the IIL and the Occupational/Restricted License, ORL).
The first days: the administrative suspension and the hearing deadline
In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.
| Deadline to request the hearing | 7 days |
|---|---|
| Temporary driving permit after arrest | 30 days |
| Where to request it | dol.wa.gov |
DOL states the license will be suspended after a DUI arrest unless a hearing to contest the suspension is requested within 7 days of the arrest and the law judge decides in the driver's favor; RCW 46.20.308(7) provides that a person receiving the officer's notice may, within seven days after the notice has been given, request a formal hearing in writing (a mailed request must be postmarked within seven days after receipt of the notification) and must pay a $375 fee, which DOL may waive for an indigent person (DOL's hearing page: complete a Request for DUI Hearing form or request online, and file a DUI Administrative Hearing Fee Waiver Application if indigent). Under RCW 46.20.308(5)(c) the license is a temporary license valid for thirty days from the date of arrest (or from the date DOL gives notice after a blood test) or until the suspension is sustained at the hearing; DOL states the s
“We'll suspend your driver license unless: You request a hearing to contest the suspension within 7 days of your arrest. and The law judge decides in your favor.”
Who can get it, and how soon
| After a first DUI | Available after a first DUI |
|---|---|
| Days before eligible — test failure | no waiting period |
| Days before eligible — test refusal | no waiting period |
| Issued by | The licensing agency |
DOL states an IIL allows driving while the license is suspended or revoked for a drug or alcohol-related offense. To be eligible the driving record must show an arrest or conviction for DUI or Physical Control involving drugs or alcohol, Reckless Driving, or Vehicular Assault or Vehicular Homicide involving drugs or alcohol; the driver must hold an unexpired Washington license or a valid out-of-state license; and the current suspension or revocation must not include Minor in Possession or Habitual Traffic Offender. RCW 46.20.385(1)(b) allows application anytime, including immediately after receiving the implied-consent notices; no exclusion for refusals or commercial drivers is stated on the fetched pages, but an IIL does not restore commercial driving privileges as stated on DOL's DUI page (CDL disqualification).
“An Ignition Interlock Driver License (IIL) allows you to drive a vehicle while your license is suspended or revoked for a drug or alcohol-related offense.”
RCW 46.20.385(1)(b) states a person may apply for an ignition interlock driver's license anytime, including immediately after receiving the notices under RCW 46.20.308 (the implied-consent notice given at arrest) or after the license is suspended, revoked or denied; DOL states the application may be made at any time, including after being arrested or after the revocation hearing, and that an approved IIL is mailed when the suspension or revocation begins (30 days from the arrest if no hearing is requested). Neither the statute nor DOL's page distinguishes a refusal-based suspension under RCW 46.20.3101 from a test-failure suspension for this purpose. Under RCW 46.20.385(1)(c)(ii) an IIL granted on an administrative suspension extends through any concurrent or consecutive conviction suspension arising from the same incident.
“A person may apply for an ignition interlock driver's license anytime, including immediately after receiving the notices under RCW 46.20.308 or after his or her license is suspended, revoked, or denied.”
Conditions attached to the privilege
| Ignition interlock | Required — Washington interlock rule |
|---|---|
| SR-22 / financial-responsibility filing | Required · 3 years on file — details |
| DUI program / education | Not required |
| Fee for the privilege | $100 |
| Full reinstatement later | fee $170; SR-22 Yes — reinstatement steps |
As stated by DOL: (1) install an ignition interlock device in the vehicle (the installer sends DOL proof of installation); (2) obtain proof of financial responsibility such as a Certificate of Insurance (SR-22) (RCW 46.20.385(2) requires proof of financial responsibility under chapter 46.29 RCW); (3) apply online through License Express or submit a Restricted Driver License Application with the fee (an applicant holding a current out-of-state license must apply at a driver licensing office). DOL's fee schedule lists 'Apply for Ignition Interlock driver license (IIL)' at $100; DOL states the fee is paid once per incident but must be paid again if the documents are not received within 30 days, after which the application is denied. Processing takes 7-10 business days; a temporary paper restricted license is issued if all requirements are met. The interlock must be maintained in all vehicle
“Install an ignition interlock device in your vehicle. The installer will send us proof of installation. Get proof of financial responsibility, such as a Certificate of Insurance (SR-22). A car insurance agent can help you with this.”
Where and when it allows driving
Driving any vehicle equipped with an ignition interlock device for the period of the suspension or revocation; DOL states no purpose, hour or geographic limits. The interlock must be maintained on all vehicles driven. Employer-owned, leased or rented work vehicles must also be equipped unless the employer signs an Employer Declaration for Ignition Interlock Exemption, a copy is sent to DOL before driving and carried in the vehicle; the exemption may be waived for 1 year for most work vehicles.
“While driving with an IIL, you must maintain an ignition interlock device on all vehicles you drive. To learn more about interlock device requirements, see Ignition interlock device (IID).”
How it is issued
The licensing agency issues the Ignition Interlock Driver License (IIL).
Official page: dol.wa.gov
The statute: RCW 46.20.385
“may submit to the department an application for an ignition interlock driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue an ignition interlock driver's license.”
Questions about driving after a DUI in Washington
- Can a person drive in Washington after a first DUI arrest?
- The Department of Licensing states that while a license is suspended or revoked for a drug or alcohol-related offense, the driver may get an Ignition Interlock Driver License (IIL) allowing operation of a vehicle equipped with an ignition interlock device for the period of the suspension. RCW 46.20.385(1)(b) allows the application at any time, including immediately after receiving the implied-consent notices at arrest. Applying requires an installed interlock, proof of financial responsibility (SR-22) and a $100 fee.
- What is the deadline to request a DOL hearing after a Washington DUI arrest?
- DOL's DUI page states the hearing must be requested within 7 days of the arrest; RCW 46.20.308(7) sets the seven-day period from the notice, requires a written request with a $375 fee (waivable for an indigent person), and a mailed request must be postmarked within seven days. If no hearing is requested, DOL states the suspension begins 30 days from the date of arrest; RCW 46.20.308(5)(c) makes the license a temporary license valid for thirty days from the arrest.
- Does the Washington IIL limit where or when a person may drive?
- DOL's IIL page states the driver must maintain an ignition interlock device on all vehicles driven and does not state purpose, hour or geographic limits. Work vehicles owned, leased or rented by the employer must also be equipped unless the employer signs an Employer Declaration for Ignition Interlock Exemption that is sent to DOL and carried while driving. Under RCW 46.20.385(1)(c)(ii), an IIL granted on the arrest suspension extends through a later conviction suspension from the same incident.
Sources
- Washington State DOL – Ignition Interlock Driver License (IIL): eligibility, when to apply, how to apply, work-vehicle exemption
- Washington State DOL – DUI (Driving Under the Influence): arrest and conviction suspensions, 7-day hearing request, IIL during suspension
- Washington State DOL – Requesting and preparing for a driver hearing (Request for DUI Hearing form, $375 fee, fee waiver)
- Washington State DOL – Driver licensing fees (IIL application $100; DUI hearing $375)
- RCW 46.20.385 – Ignition interlock driver's license; application; eligibility; cancellation; costs; rules (Washington State Legislature)
- RCW 46.20.308 – Implied consent; test refusal; procedures (temporary license, seven-day hearing request, $375 fee)