In Washington State DUI cases, the driving aspect of your case is regulated by the Washington State Department of Licensing (DOL). The article below and the links that follow explain the common licensing issues that accompany any WA  DUI charge. Time is critical after an arrest for DUI, so you should explore the following articles and contact us or other competent local DUI counsel as soon as possible after your arrest.

WASHINGTON IMPLIED CONSENT LAW

In Washington State, driving is considered a privilege, not a right.  The state of Washington is free to attach any conditions they wish to obtaining and preserving a driver's license, so long as they are not unconstitutional or discriminatory.  Every person who applied for and obtained a driver's license in Washington State signed documents agreeing to submit to a chemical test when placed under arrest for DUI, Physical Control or Minor DUI.  Thus, by the mere act of driving in Washington, one is considered to have impliedly consented to taking such a test. Every state in the country has an implied consent law.
Washington's Implied Consent Law (RCW 46.20.308) requires any driver arrested for DUI, Physical Control or Minor DUI to submit to a breath or blood test. Refusal to submit to a chemical test will result in a mandatory administrative license revocation by the DOL. Should a person submit to a test, and they were over the legal limit (.02 under age 21, .08 over 21), they face an administrative license suspension or revocation by the DOL for 90 days or more.

The administrative action by the DOL is completely separate from the criminal case. It is considered civil in nature while the court case is considered criminal. Even if the criminal charge for DUI is ultimately dismissed or the charges are reduced to a lesser offense, one can still face an administrative suspension or revocation based on the implied consent law. Thus, a person may "win" their DOL hearing (preserving their license) and still be convicted of a DUI (lose their license). Or vice versa. Each works independent of one another.

IMMEDIATE STEPS AFTER A WASHINGTON DUI ARREST

After an arrest for DUI and the accused is taken to the station and either blows in excess of the legal limit or refuses the breath test, the officer will then punch their Washington driver's license. This is notice to the person that their license is now temporary. They are still eligible to drive, but the DOL will be suspending or revoking their license on the 61st day following their arrest. This is automatic unless the person requests an administrative hearing to dispute the suspension or revocation.

The request for an administrative hearing must be mailed (or requested on-line) within 20 days following the arrest. Failure to request the hearing (along with the required $200 fee for the hearing) within 20 days means the accused will automatically have their license suspended or revoked on the 61st day following arrest. Postmarked even one day past the 20 days will lead the DOL to deny one's request for an administrative hearing.

It is absolutely critical for anyone arrested for DUI to immediately contact an experienced DUI attorney to discuss their case and the best manner in which to request the administrative hearing. Time is of essence, and failure to promptly act will lead to an automatic suspension or revocation of their driving privilege.

THE ADMINISTRATIVE HEARING IN WASHINGTON DUI CASES

Once a person files a request for an administrative hearing, they will shortly thereafter be notified of a date and time of their hearing. Should that person be represented by counsel, their attorney will also be notified of the hearing date and time as well as a copy of the arresting officer's police report (known as exhibit 1). The administrative hearing must be scheduled within 60 days of the date of arrest.

These administrative hearings are not presided over by a judge in a court of law. Instead, they are presided over by a hearing examiner and the hearing is conducted telephonically. The hearing examiner is basically the judge, jury and prosecutor all wrapped up into one. Hearing examiners are randomly assigned to each case and can be from anywhere in the state.

There are four issues to be resolved at the administrative hearing:

1. Was it a lawful arrest?
2. Did the arresting officer have reasonable grounds to believe the driver was DUI (or Physical Control or Minor DUI)?
3. Was the driver properly advised of his rights and warnings pursuant to the implied consent law?
4. Was the driver breath or blood indicate a reading over the legal limit or did the driver refuse the chemical test?

These four issues are the only issues to be decided at the hearing. Furthermore, because the hearings are considered civil in nature, the burden of proof is merely a preponderance of the evidence. This translates to the question is it more likely than not that the four issues have been proven (50.1% v. 49.9%).

Unless requested by the driver, the arresting officer is not required to give testimony at the administrative hearing. The driver is afforded the opportunity to give testimony, but it is very important they have legal representation to consult with to determine whether it is in their best interest. The driver is not required to be present at the administrative hearing and can waive their presence if represented by counsel.

Typically, the hearing examiner does not give a decision at the conclusion of the hearing. Instead, they take the matter "under advisement" and issue a written "findings of fact and conclusions of law." Some hearing examiners issue decisions within a few days to a week after the hearing. Others take upwards of two to three months after the hearing is concluded to issue their decision. While the case is under advisement, the driver is still legally able to drive (unless of course there is another matter causing their license to be suspended or revoked).

As far as the administrative hearing is concerned, it is all or nothing. Were the four legal issues listed above met by a preponderance of the evidence or were they not? If they were, then the hearing examiner "sustains" the DOL's action and the driver loses their driving privilege. If the four issues were not all met, the hearing examiner "dismisses" the DOL's action and the driver preserves their driving privilege (pending the outcome of the criminal charge). There is no middle ground. There is no plea bargaining. An argument about the devastating impact of losing one's license will have on their life and career is not an issue for consideration and will fall upon deaf ears.

It is imperative for a person facing an administrative suspension or revocation to immediately consult with an attorney to discuss their case and the best manner to fight to preserve their driving privilege.

ADDITIONAL WASHINGTON STATE DUI DRIVING ARTICLES FOLLOW: