ADVANTAGES OF THE IGNITION INTERLOCK LICENSE OVER THE OCCUPATIONAL LICENSE

The best advantage is that you generally will not lose your privilege to drive for even 1 day. This is true whether you take the breath/blood test or refuse it, whether this is your first DUI arrest or your 2nd, 3rd, or 4th!

There is no waiting period. There is no suspension period that must be served before becoming eligible for the Ignition Interlock License.

There are no restrictions on your license beyond the requirement that 1) you have a functioning Ignition Interlock Device installed in the vehicle you are driving; and 2) that you have SR-22 insurance on the vehicle you are driving. Unlike the Occupational Restricted Drivers License, you are not restricted as to where or when you drive.

DISADVANTAGES OF THE IGNITION INTERLOCK LICENSE OVER THE OCCUPATIONAL LICENSE

Often, the earliest opportunity you and your defense attorney have to review the police report in your criminal case arises from the Department of Licensing hearing you request to contest your administrative license suspension.

This report gives your attorney an opportunity to better assess the legal and factual defenses in your criminal case and it is the only way to determine the existence and strength of any defenses in your administrative license suspension.

By not requesting a hearing, no police report will be provided until your case is filed in the District or Municipal Court. By then, your opportunity to contest the administrative suspension of your license will be long gone.

By requesting a hearing, even when there are no defenses or only weak defenses in your administrative hearing, your attorney has the opportunity to subpoena and then question under oath the officer in your case. This testimony can then be transcribed and used to impeach the officer should he/she testify differently in the criminal case. This opportunity is, of course, lost when you fail to request a hearing. And if the officer fails to appear at the Department of Licensing hearing (by phone), the administrative action against your license may be dismissed altogether.

For all of these reasons, it may be in your best interest to request the hearing. Once the police report arrives, you and your lawyer can then decide whether to hold the hearing or cancel it and request an Ignition Interlock Driver's License.