DUI and Commercial Driver's Licenses
A DUI arrest in Washington State can have significant repercussions for anyone – young or old, male or female – but for those that possess a commercial driver’s license (“CDL“), a DUI arrest can be personally and professionally devastating. CDL holders are not only subject to the typical driver’s license consequences that all drivers face, but they also face the prospect of losing their CDL regardless of whether they were arrested for DUI while driving their personal vehicle or while driving a commercial vehicle.
In 2002 the Federal Motor Carrier Safety Administration (“FMCSA“) gave all states three years to develop state laws consistent with the minimum standards set forth by FMCSA; if the states failed to come into compliance with these minimum standards, they risked losing an abundance of federal funding. In an effort to come into compliance with the minimum standards set forth by FMCSA, the Washington State Legislature passed a number of bills in 2004 – 2006. As a result, CDL holders are at great risk of losing their CDL privilege if they are arrested for driving under the influence in Washington State.
If you possess a CDL and are stopped for DUI in Washington State, you should immediately seek the guidance of a highly skilled and experienced criminal defense attorney at SQ Attorneys who can aggressively fight to protect your driving rights.
DUI and Employment in Washington State
Suffering through a DUI arrest in Washington State can potentially result in a very significant impact on one’s employment status, especially if driving a vehicle is part of one’s job duties. Even if it is not part of one’s job duties, and the person simply needs to drive to and from work, a DUI arrest in Washington can have devastating consequences on that person’s employment status.
If you are cited for DUI in Washington there are two ways you can suffer a loss of your driving privilege: (1) administratively at the hands of the Department of Licensing, and (2) by court action if you are subsequently convicted of DUI.
Because of a relatively recent change in Washington State DUI law, most Washington drivers are now able to apply for an ignition interlock license if they lose their driving privileges due to a DUI arrest. This license permits persons to drive, but only if their vehicle is equipped with an approved ignition interlock device, and only if they have special “high risk” insurance coverage.
The ignition interlock license is even required on work-related vehicles unless the applicant qualifies for an exception as outlined in the Revised Code of Washington 46.20.720, which states in part: “The device is not necessary on vehicles owned by a person’s employer and driven as a requirement of employment during working hours." Unfortunately this exception is not helpful to employees who rent vehicles when travelling out of town on business, nor for real estate agents driving their personal vehicle to show houses to clients.
Moreover, if a person’s job involves traveling out of town via airplane or train and the subsequent rental of cars, a DUI arrest in Washington can cause problems because law enforcement personnel are required to punch a hole in the arrested person’s driver’s license at the time of the DUI arrest. First, Airport TSA personnel may not accept the punched license as a valid form of identification. Second, most car rental agencies presume the hole in the license means that it is not valid and will not rent the car to the person.
Some employment positions can be lost because of a Washington State DUI arrest or conviction. Employees with security clearances, corporate officers, and even some “public figures” may find language in their employment contract that indicates that being arrested for DUI in Washington will result in negative employment implications. Pilots and/or medical professionals who are arrested for DUI in Washington State should be particularly careful to abide by any applicable reporting requirements to their employer and/or licensing agencies.
DUI Conviction and Non-Admission to Canada
Entry into Canada – Revoked
The Canadian Government has chosen to revoke the admission rights of those individuals convicted of DUI to cross the border into Canada. Individuals convicted of Driving Under the Influence in Washington are not allowed to enter Canada nor are they permitted to remain inside Canadian borders.
Removal of Inadmissible Status
“Inadmissibility Status” can be formerly removed by applying for a “Minister’s Approval of Rehabilitation“. However an individual must wait five years after any DUI probation period has ended before he/she can commence the application process. Effectively, this means that a person convicted of DUI in Washington State must wait at least a period of 10 years before they can even apply for admission into Canada.
Exception to General Rule of Inadmissibility
Those people who desire to enter Canada while deemed “inadmissible” may apply for a “Temporary Resident Permit“. The Canadian Government will charge a fee for such application, and it is no guarantee the applicant will be granted admission into Canada.
DUI and Immigration Consequences
A DUI conviction can have extremely broad and far reaching immigration ramifications on an individual. A DUI conviction can cause exclusion to the United States, deportation, and denial or delay of naturalization rights. DUI and Immigration Consequences are so numerous and wide ranging that it is simply not possible to sufficiently discuss the issue here. The DUI attorneys at SQ Attorneys are available to discuss your individual case with you.
DUI's and Relocating to Another State
For those individuals who get convicted of a second or otherwise subsequent DUI in Washington State, or who have entered into a deferred prosecution and have a prior DUI conviction may encounter difficulty in lawfully moving to another state. A person in such a position is now required to comply with the Interstate Compact for Adult Offender Supervision (“ICAOS“).
The ICAOS is an agreement among the states that dictates how certain “offenders” are to be monitored. Under the ICAOS, a person who is on probation for a second or greater DUI or on a deferred prosecution with a prior DUI, cannot move to another state before he has complied with all ICAOS requirements. Generally compliance means: (1) gaining the approval of the probation department, and (2) notifying the probation department of the new state that they are now responsible for the individual.
