Washington Department of Licensing in DUI Cases

In Washington, driving is a privilege, not a right.  If you are arrested for DUI, your license will be suspended or revoked, depending on whether you submitted to a chemical test of your breath or blood and whether your BAC was .08 or higher.  If you are arrested for DUI, the arresting officer will punch a hole in your license and/or give you a form notifying you that you must request a hearing within 30 days with the DOL if you wish to fight and defend your suspension/revocation.

The hearing you must request is an administrative hearing, and it will be held at your local DOL.  It will be completely unlike your criminal court hearings.  There will be no jury.  No witnesses will be called to testify.  There won't even be a real judge deciding your case.  Instead, a "Hearing Officer" will act as a quasi-judicial officer, taking on the dual role of both prosecutor and judge.

Typically, admin per se hearings are held over the phone, with the Hearing Officer basing his determination on the police report and the defendant's arguments.  If the defendant wishes, he may request that a subpoena be given to the arresting officer.  The administrative hearing and the criminal court proceedings are two separate cases.  Any determinations made by the hearing officer will not be admissible in your criminal case.  However, your attorney may cross examine the arresting officer at the administrative hearing and use his testimony to later impeach him at your criminal trial.

If you do not wish to hire a lawyer to represent you for your DOL case (which we strongly encourage),  you should at the very least consult with an attorney prior to your hearing.  The following issues are commonly raised, and if successful may result in getting your license reinstated:

• whether you were driving or in actual physical control
• whether your stop was legal
• whether the officer had probable cause for your arrest
• whether you submitted to a chemical test
• whether the chemical test was properly administered
• whether your BAC was .08 or higher
• whether you were properly advised of your implied consent consequences of refusing a chemical test
• police misconduct

NOTE: Administrative hearings are only held if requested within the 20 day time period.  Failure to request a hearing will be considered a waiver of your right to appeal the status of your license, and will result in an automatic suspension or revocation.