Fox goes on to point out that this rule, promulgated in WAC 2-4-50-110 (7) requires:
Each device shall require the operator of the vehicle to submit to a retest within ten minutes of starting the vehicle. Retesting shall continue at intervals not to exceed sixty minutes after the first retest. The device shall be equipped with a method of immediately notifying peace officers if the required retest(s) above is not performed, or if the result of the retest exceeds the lower of .025 BAC or the alcohol concentration as prescribed by the originating court.This means that whether you get a DUI charge, or whether your breath test was .08 or .22, and whether this was your first arrest or your tenth, you are going to be forced to take a breath test while driving your vehicle!
Examples of acceptable forms of notification are repeated honking of the vehicle’s horn, repeated flashing of the vehicle’s headlamps, or the wailing of a small siren. Such notification may be disabled only by switching the engine off, or by the achievement of a retest at a level the lower of .025 BAC or the maximum allowable alcohol concentration as set by the originating court.
As a citizen of the State of Washington I'm happy that the Legislature wants to keep drunk drivers off the road, but as a criminal attorneys Seattle I'm a little appalled that my clients are going to have to subject themselves to an extreme safety hazard before they are even convicted of a crime!
As Fox's article points out, taking these rolling interlock ignition device breath tests have an 84% higher probability of having an accident than those without an interlock ignition device. I don't quite see how increasing the probability of accidents by a substantial amount keeps people safe. Maybe there is another DUI attorney in Seattle that agrees with me?
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