Driver License FAQ

How will a DUI affect my Washington Driver’s License?

IF YOUR BREATH TEST .08 OR HIGHER

  • – 1st administrative action – 90 day license suspension

  • – 2nd or subsequent administrative action – 2 year license revocation

  • – $150 reissue fee

  • – SR-22 Insurance required 3 years thereafter

IF YOU REFUSED TO TAKE A BREATH TEST

  • – 1 year license revocation if refused the test and no prior administrative actions  within 7 years.

  • – 2 year license revocation if second or subsequent administrative action (refusal or breath test over legal limit) within 7 years.
  • – Hearing within 60 days of arrest
  • – $150 reissue fee
  • – SR-22 Insurance required 3 years thereafter

One year license revocation even if driver enters into a deferred prosecution unless driver successfully challenges the administrative action.

Washington State’s 20-Day DUI Arrest Rule

The Department of Licensing clock starts ticking immediately upon your arrest for DUI in Washington State. If you either refused to submit to the official DUI breath test (BAC) at the station, or if you submitted and have a breath test of 0.08% or higher, the State–through the DUI Implied Consent Law–will attempt to suspend or revoke your license in this State. In almost every case, this attempt happens before your trial or you are even charged with a DUI/Physical Control.

These consequences from your DUI arrest happen automatically within 60 days from the date of your arrest, unless you file an appeal with the Washington State Department of Licensing within 20 days of your arrest. Filing an appeal allows for a postponement and will stop a potential drivers license suspension pending a DOL hearing to contest the suspension.

If you fail to request a hearing within 20 days of your DUI arrest and pay the $375.00 fee you lose all right of appeal forever. This is why it is important to talk to attorney Erin Bradley McAleer as soon as possible so that you understand your legal options and Washington State DUI Laws. Get a free case evaluation online.

Remember, penalties concerning your driver’s license is a Washington State Administrative matter and a driver’s license suspension or revocation will go into effect, regardless of whether or not the DUI criminal charges against you are filed or not.

What is a DOL administrative hearing?

The DUI administrative hearing is conducted by a Hearing Officer from the Washington State Department of Licensing. The hearing is tape-recorded. The Hearing Officer will consider the facts and the Law and will make a written decision. The decision usually takes up to 15-30 days depending on the Hearing Officer. In most cases, your license suspension or revocation will be stayed (put on hold) pending the outcome of the hearing. The written decision will give an effective date your driver’s license will be suspended that is typically 10- 14 calendar days after you receive it.  Usually, the arresting officer is not present and the state’s evidence consists of the officer’s written arrest report. The Hearing Officer presents the State’s Case. However, you may subpoena the officer or trooper to appear.  The Standard proof is the same as in a civil matter: preponderance of the evidence. (more likely than not or 50.1%)

When is my DOL Hearing scheduled?

The hearings are conducted by telephone. The Washington State Department of Licensing will mail you a letter telling you the time and date of the hearing and the phone number that will be called. The hearing must be scheduled within 60 days of your arrest. Although, the DOL will typically give the driver one (1) thirty (30) day continuance, if requested.

What are my legal rights in the administrative hearing?

You have the right to be represented by an attorney at your own expense, or you may represent yourself. If you have a court appointed attorney, they will ordinarily not represent you at the administrative hearing. You may request that the Department subpoena the arresting officer or other witnesses to appear at the hearing. Contact the Hearing Officer at least two weeks in advance if you wish to have a witness subpoenaed. You may question the witnesses that appear. You may review the police report or other documents submitted as evidence. You may present evidence, call your own witnesses, and testify on your own behalf.

What happens at the administrative hearing?

All hearings are tape-recorded. The Hearing Officer will begin by “going on the record.” This means the tape recorder will be turned on and the hearing will start. The Hearing Officer will announce the hearing, review the issues to be decided, and identify the prepared exhibits (such as a copy of the police report). You may “object” to the admission of evidence or testimony. If you “object,” the Hearing Officer will decide whether to admit that evidence. The Hearing Officer will “swear in” all witnesses and listen to the testimony. You may testify, present evidence, cross-examine any of the state’s witnesses, and bring witnesses.

What happens after the administrative hearing?

The Hearing Officer will mail you a written decision typically two weeks or more after the hearing. The decision will either 1) dismiss the suspension or revocation of your license; or 2) uphold the suspension or revocation of your license. If the Hearing Officer dismisses the action, the suspension or revocation will be cancelled. However, if the Department’s action is upheld, you will be notified of the effective date of suspension or revocation. You will also be given information on the steps that must be taken to reinstate your driving privileges following the suspension or revocation.

What if I disagree with the decision from the hearing?

If you disagree with the Hearing Officer’s decision, you have the right to appeal to the Superior Court located in the county of arrest. Your appeal must be filed within 30 days from the date of the Hearing Officer’s Order. There are strict rules that must be followed to correctly file an appeal. Further information will be provided in the Hearing Officer’s Order. There is a court filing fee and a fee to obtain the Department’s record of the hearing. The appeal is a “record review.” This means that you will not have a new “trial” or the opportunity to present evidence again. Rather, the Superior Court Judge will review the testimony and exhibits that were admitted at the administrative hearing to determine whether the Hearing Officer’s decision should be reversed.

The DUI criminal charges were dismissed or reduced, do I still need to appear for the administrative hearing?

Yes! These are completely separate proceedings (one civil and one criminal), and both are required. Washington State Law requires the Department of Licensing to revoke or suspend the driving privileges of any driver who either refused the breath/blood test, or whose breath/blood alcohol levels exceed the legal limit of .08, if certain requirements are met.

This administrative action is in addition to any criminal charges that are brought. You may be found “not guilty” of the criminal charge in criminal court; however, your driving privileges may still be revoked or suspended because of the Department of Licensing administrative action. The opposite is also true. The Hearing Officer may dismiss the administrative action; yet, you still may be found “guilty” in criminal court. If you miss the deadline for requesting an administrative hearing or fail to appear when scheduled, the Department of Licensing will revoke or suspend your driving privileges even if you have already taken care of the underlying criminal charges in the court process.

OBTAINING AN IGNITION INTERLOCK LICENSE

Starting January 1, 2009, Washington State initiated drastic changes to DUI related license suspensions that actually made it much easier, while more expensive, to obtain a driver’s license during the course of the suspensions by initiating the new “Ignition Interlock License program”.

Starting January 1, 2009, Washington State reduced the time period for requesting an administrative hearing to contest the implied consent license suspensions, (totally separate from the criminal suspensions) from 30 days to 20 days from the date of arrest.

Starting January 1, 2009, Occupational licenses became a thing of the past, removing the waiting periods and the requirement for employer affidavits. Even refusals and people with multiple convictions will be able to get a new type of license called an “Ignition Interlock License,” which upon application, allows you to drive 24 hours a day, 7 days a week for any reason without restriction if they file proof of interlock installation and SR22 insurance. There is an exception for work vehicles so that you won’t need to have an ignition interlock on them if your employer provides the DOL with a declaration.

 HOW DO I KNOW IF I AM ELIGIBLE FOR AN IGNITION INTERLOCK LICENSE?

Ignition Interlock Licenses are now available if your license has been suspended by the DOL for a DUI arrest or conviction, and having an IIL allows you drive 24 hours a day; 7 days a week without limitation (not just work).

To receive an IIL you must apply with the Department of Licensing.There is a $100 fee for the application, as well as a monthly fee of $20 to help defray the cost for indigent citizens. You will also need to have an ignition interlock on any vehicle you drive and SR 22 insurance before you can apply.

Should I still request an administrative hearing within 20 days? And if I do, can I still apply for an IIL?

Absolutely. An experienced DUI attorney should be able to tell from the discovery process in your case if you are likely to prevail at the hearing and even if you have the hearing and fail to reverse the suspension, you are still eligible for the IIL. However, once you apply for the IIL you will lose the right to any further challenge to the suspension.

When should I request an IIL?

You should request an IIL after speaking to an attorney and in his opinion it is determined that is the best course of action. DOL is at times horribly slow to process such applications so some planning and consideration needs to be made to try and prevent you from being without a license due to bureaucracy.

Will I need an ignition interlock on my work vehicle?

While the regular IIL no longer requires an employer affidavit like the old occupational licenses did, if you are going to be driving an employer owned vehicle for work purposes, the employer must provide a declaration stating that your work requires you to operate a vehicle owned by the employer during working hours.

How long will I need to have an IIL?

For the length of the suspension.

What happens if I violate the terms of my IIL?

Violation of the terms of an IIL license is a criminal offense and carries the possibility of jail time and fines.

I have a Commercial Driver’s License, can I drive my commercial vehicle with an IIL?

Commercial Drivers Licenses (CDL’s) are not eligible for an interlock license.

The Law Office of Erin Bradley McAleer will fight to ensure that you achieve the best possible outcome in your court case. Call attorney Erin Bradley McAleer today at (360) 334-6277 to schedule an immediate confidential free consultation.

Washington Attorney Erin Bradley McAleer represents clients throughout Southwest Washington State, including in Clark County, Cowlitz County, and Skamania County and Vancouver, Battle Ground, Camas, La Center, Ridgefield, Washougal, Woodland, Yacolt, Castle Rock, Kalama, Kelso, Longview, North Bonneville, and Stevenson. Attorney Erin Bradley McAleer focuses on the areas of Criminal Defense, Traffic Infractions, Landlord Tenant, Personal Injury, Firearm Rights Restoration, and Post-Conviction Relief (Vacating & Sealing Criminal Records).

 

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