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In most cases you will be eligible to
apply for a temporary restricted license but only after you have served
thirty days of the suspension.
(You must wait at least 90 days to apply for a temporary restricted
license if you have refused the breath test.) Thus, if your job
absolutely depends upon driving, a DUI arrest can make you unable
to perform your job for a minimum of thirty days. IF you survive the
thirty days of absolute suspension, you are then eligible for a
temporary restricted license which will permit you to drive to and from
work for the remaining sixty days of the ninety day license suspension.
Be advised that your employer must sign
the temporary restricted license application, and some employers will
fire an employee who has had a license suspension if the job
involves driving a company vehicle. An additional complication arises if
your job requires you to drive company cars or if you transport
potential clients in your vehicle. As a condition of granting a
temporary restricted license after a DUI arrest, the Washington
state Department of Licensing requires proof that an ignition interlock
device is installed in your vehicle.
An ignition interlock device is a
breath testing machine attached to your car's ignition that you must
blow into every time you start the vehicle and also periodically while
driving the vehicle. The car won't start if alcohol is present, and the
horn will honk and lights flash if alcohol is detected while driving.
The job implications of this in-car breath test device are ominous: Not
many employers want ignition interlock devices installed in company
cars, and few potential clients are impressed by a sales person who is
required to drive an ignition interlocked vehicle.
This is a disastrous situation for
sales persons such as real estate agents. Beyond this, individuals who
must travel for business and then who must rent cars at destination
sales locations will be unable to rent cars during the time an ignition
interlock is required, thus impacting the ability to travel for
business. At present, no car rental agencies are known to have ignition
interlock equipped vehicles in their fleets.
All of the above applies where a
license suspension was administratively imposed by the Washington State
Department of Licensing. It gets worse if there is a DUI conviction,
even if the driver previously had a clean record. Even with no prior
record, up to a year in jail can be imposed and if the breath test was
refused, a two-year license revocation is imposed. Then, the ignition
interlock requirement exists for one year after the suspension has been
served.
If there is a prior DUI offense
within seven years of the date of the arrest for the current incident,
things get much worse if your job requires interstate travel. New
Washington state DUI legislation requires such a person to obtain
permission from the Department of Corrections before traveling
interstate. The application process takes time and will greatly impede
or even prevent interstate business travel.
There are some careers that will be
jeopardized by a DUI arrest or conviction for reasons other than
loss of the ability to drive. Corporate officers, public figures, sports
figures or employees with security clearances or those in sensitive
positions may find, if the matter comes to the attention of the media,
that the impact of the resultant adverse publicity is more damaging to
the career than the actual "legal" consequences of a DUI. The
author of this article has represented individuals so situated. Such
cases must be defended well and handled carefully, with the objective of
preserving the career while minimizing potential legal consequences.
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