License Suspension Defense
Washington State License
Suspension for DUIs
When you get arrested for a DUI in Washington and either blow over the legal alcohol limit or refuse to take a breath test, the state will try to take away your right to drive. If it’s your first DUI within seven years and you took the test, the Department of Licensing can suspend your license for 90 days. If it’s your first DUI within seven years and you refused the test, the Department of Licensing can revoke your license for one year. For a second or subsequent offense within that seven-year period, your license could be revoked for two years.
Once you receive notice from the DOL that they plan to suspend or revoke your driving privileges, you must take action within seven (7) days by requesting a hearing. If you don’t do this within that time frame, it’s considered as if you’ve given up your right to a hearing.
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DOL Hearing Procedure
Requesting a DOL Hearing
When you request a hearing, you must include a $375.00 hearing fee or ask for a fee waiver if you can’t afford it. By requesting the hearing, your driving privileges stay intact until there’s an actual hearing, and a written suspension order is issued.
Once the DOL receives your request, they’ll assign a hearing officer and set a hearing date.
Procedure at the DOL Hearing
You or your attorney, if you’ve hired one, will receive a copy of the police report. Sometimes, the hearing occurs within 30 days, but in many cases, for scheduling or strategic reasons, the initial hearing date is postponed. If there’s a delay, your temporary license will remain valid for up to 150 days from the date of arrest or until the hearing officer reaches a decision. The timing varies depending on the hearing officer; some make decisions quickly, while others take months.
During the hearing, you have the right to testify, present witnesses, provide evidence, and even subpoena the arresting officer if you or your attorney choose to do so. Unlike criminal cases, the DOL only needs to prove its case by a preponderance of the evidence.
The issues to be decided are outlined on your hearing request form and include:
- 1. Whether your arrest was lawful.
- 2. Whether the officer had reasonable grounds to believe you were driving or in control of a vehicle in the state under the influence of alcohol or drugs, or whether you had alcohol in your system of 0.02 or more and were under twenty-one.
- 3. Whether you were informed of your rights and warnings as required by RCW 46.20.308(2).
- 4. Whether you refused to take the test, or if the test was conducted, whether it showed an alcohol concentration of 0.08 or more (if you were twenty-one or over) or 0.02 or more (if you were under twenty-one).
If the Department of Licensing (DOL) upholds the suspension, you have four choices:
- 1. Appeal the decision within 30 days to the county's superior court where the incident happened. But, your license might stay suspended while the appeal is ongoing. To succeed, your DUI attorney must create a thorough record during the administrative hearing.
- 2. During the suspension, you might qualify for an Ignition Interlock License (IIL). You'll need to install a device in your car and get special insurance, but once approved by the DOL, you can drive during the suspension. This option isn't available if you're appealing the suspension.
- 3. If you're considering Deferred Prosecution, you could postpone the suspension until the court officially approves your deferred prosecution agreement.
- 4. Some people choose to wait out the suspension, but it's not recommended. Before getting your license back, you'll need to prove you have special insurance for three years from the date you become eligible for reinstatement.
It’s usually best to hire an experienced DUI lawyer who understands Washington DUI laws. This can be the most effective way to avoid a license suspension.
Schedule an Appointment
Contacting a lawyer as early as possible in the case can make all the difference in the outcome.
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