February 3, 2010 in City

Ignition device law a test for agencies

Police, sheriff’s officials ponder implications for workers

Meghann M. Cuniff The Spokesman-Review

Dennis Delatte, installation manager at Audio Installations in Spokane Valley, prepares a Volkswagen Jetta for an ignition interlock device, designed to thwart drunken driving. Installations have risen since a new law took effect.
(Full-size photo) (All photos)

Changes to a state law put a fired Spokane police sergeant in a new class of drunken drivers: first-time offenders required to drive with an ignition interlock device.

That new requirement led to Brad Thoma’s dismissal from the Spokane Police Department after the department said public safety would be compromised by having an officer who had to pass a breathalyzer test any time he needed to start his patrol car. It appears to be the first time a law enforcement agency statewide has had to consider the issue.

Now officials with the Spokane County Sheriff’s Office are wondering what the requirement could mean for a lieutenant suspected of a drunken car crash in Liberty Lake. While the Spokane Police Department and Washington State Patrol handle similar situations on a case-by-case basis, Sheriff’s Office policy calls for employees to be fired after their second drunken driving offense.

“It’s still kind of unclear as to what that means for somebody who is working,” said Sheriff Ozzie Knezovich.

Prosecutors have not charged Lt. Stephen Jones in connection with the Jan. 8 rollover crash in Liberty Lake. Results of his blood-alcohol test are expected this month.

The 2008 Washington Legislature adjusted drunken driving laws beginning in January 2009 to allow all offenders to regain their driving privileges if they install ignition interlock devices on their vehicles, instead of simply suspending their driving privileges for a period of time. The devices test a driver’s blood-alcohol level and prevent the vehicle from starting if alcohol is detected.

“It’s a very good deterrent to keep repeat offenses from happening,” said Linda Thompson, a Spokane coordinator with Mothers Against Drunk Driving.

The change has been great for business at places such as Audio Installations in Spokane Valley, which installs ignition interlock devices and leases them for about $75 per month.

“It’s been doing really well for us,” said owner Dale Schott. The shop used to average six to eight installations every two weeks. Now it’s up to 20, Schott said.

But the new requirement has surprised employers unaware that first-time offenders must get an interlock device, even under deferred prosecution agreements in which convictions are generally stricken from offender records after intensive counseling and court-ordered monitoring.

Thoma was granted deferred prosecution in November for a Sept. 23 crash. He was one of 162 drunken driving defendants to enter deferred prosecution in Spokane County District Court last year – an increase of 18 since 2008, according to court records.

Spokane police Chief Anne Kirkpatrick said she’s the first law enforcement official in Washington to be faced with that new requirement when considering future employment. A required ignition interlock device, she decided, makes someone unemployable as a driver. “I don’t need to stick my finger in the wind and say, ‘How do people feel about it?’ ” Kirkpatrick said.

Thoma offered to pay for an ignition interlock device on his squad car and pay for the additional insurance, but Kirkpatrick refused.

She also refused to sign a waiver that would allow Thoma to drive without one. That provision was added to the new law to help offenders avoid losing their jobs, said Thompson, of MADD.

“We would hope that law enforcement would hold themselves to a higher level,” she said. “The problem is they are human beings, and alcohol can get a grip on anyone.”

The city had offered to see if Thoma qualified for a noncommissioned position elsewhere in the city if he left the police department for the two years he’s required to drive with the device.

Thoma has filed a $4 million claim against the city, alleging he was wrongly fired because he’s an alcoholic.

If Kirkpatrick was unwilling to sign a waiver allowing Thoma to drive without the required device, she should have found another position for him in the department, said Thoma’s lawyer, Bob Dunn.

Not possible, Kirkpatrick said.

“I need all hands on deck,” she said.

At the Spokane County Sheriff’s Office, policy calls for first-time DUI offenders to be suspended for a week and undergo alcohol treatment. A second DUI means termination.

Knezovich said the ignition interlock law is so new there’s too much uncertainty as to what certain provisions actually mean.

The sheriff has been looking to the county’s lawyers for guidance but said he’s been told that because it’s a new law, it’s tough to provide greater certainty.

Seven comments on this story so far. Add yours!

Snowman on February 03 at 6:03 a.m.
Law enforcement officers who violate laws they are charged with enforcing, should be held accountable at a much higher level. They must support and reinforce the laws. It's a sad day when they become scofflaws and are forgiven for any infractions. Chief Kirkpatrick made a good decision.

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Pat OLeary on February 03 at 6:41 a.m.
The rocks go with the farm. If you want to be in law enforcement , expect to be held to a higher standard. To expect employers, and that includes the government, to consider a dui the equivalent of being handicapped, is ludicrous. How about a railroad engineer or an airline pilot? Ignition interlocks on a locomotive or a 737? That isn't going to happen and a cop is in the same boat. Keep your nose out of the sauce and you won't have to worry about it.

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PlanB on February 03 at 7:31 a.m.
I fully support (and frankly am quite proud) of Chief Kirkpatrick's decision to fire Thoma. And while I am angry about Thoma's actions, this shows just how ridiculous the drunk driving laws have become. An interlock device for first time offenders who have not even been prosecuted? Plus you have to pay an installation fee AND a monthly fee? Oh, and the article didn't mention that if you drove someone else's car that is OK, no interlock needed.

This is just another money making scheme that doesn't protect anyone.

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Albert on February 03 at 8:22 a.m.
Thank you! Chief Kirkpatrick for taking a stand!!!! I do appreciate accountability and it is too bad that the “other” law enforcement agencies cannot follow the Chief's leading. Why must a “public servant?” receive 2!!! DUI's before receiving “consideration” for termination? The problem remains of course with the proverbial worthless, non-productive, lazy, and “questionable” unions along with their lack of integrity membership. Of course the elected officials will never address this quagmire because of the $$$$ that flow into their election coffers by these same unions. It's a real “Catch 22”. Thank you again Chief Kirkpatrick for your backbone - great job!

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Lewis on February 03 at 9:31 a.m.
We can thank the unions for this. Anybody with out a union would be fired on the spot. But if you are a union employee, there is a double standard. When we allowed the government workers to unionize we signed our own fiscal death warrant.

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Megan_B on February 03 at 1:14 p.m.
“A required ignition interlock device, she decided, makes someone unemployable as a driver. ”

And earlier in the article, “The 2008 Washington Legislature adjusted drunken driving laws beginning in January 2009 to allow all offenders to regain their driving privileges if they install ignition interlock devices on their vehicles, instead of simply suspending their driving privileges for a period of time.”

Suspending driving privileges would also make someone unemployable as a driver, don't you think????? Silly argument.

And the ignition lock system is a great idea, because those who are “temporarily suspended” or have their license taken away, generally drive anyway. And so what if it costs to have the lock installed and leased? The people using it DROVE DRUNK and put their own and others' PRICELESS lives in danger. Small punishment, really.

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Orange on February 03 at 7:08 p.m.
Pretty stiff for a first offense. You have to admit. Everyone's been riding this guy hard since day one.

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