Do you like driving? Do you like the freedom to get into your car and drive whenever and wherever you like? Well, if you have been arrested for DUI then your privilege to drive is at serious risk. To make matters worse, the Washington State Department of Licensing is about to make your life a little more miserable.
Starting on January 1, 2019, if you have been arrested for DUI the following new laws will affect you:
2019 DOL Changes
WAC 308-103-010 thru 308-103-190 was repealed.
Replaced with 308-101-010 thru 308-101-260.
The changes seem focused on aligning the WAC with the new RCW that will go into effect.
308-101-030: Computation of time
The request for a hearing is deemed complete on the day the request is postmarked, or if electronically sent, the date the request is received by the department.
Section 2 indicates that periods less than seven days, will not include weekends or legal holidays
308-101-080 Hearing Request
The WAC removes the bulk of the definition and explaining about Indigence and fee waivers and just indicates that the form approved by the DOL must be submitted with the hearing request
If the DOL denies the application for fee waiver, the petitioner will be given 10 additional days to submit payment of the hearing fee
Denial of hearing for untimely filing may be set aside if good cause is shown by the petitioner
308-101-130: is a new section that deals with agreements to schedule hearings past the 30-day time frame required by law.
Any continuance request will be presumed to waive the 30-day time frame
If the requester of the continuance affirmatively declines to agree to extend the time frame, the DOL will likely just continue with the original hearing date
If it is impracticable to hold the hearing within the 30-day time frame once a timely hearing request had been made, the DOL must stay the license suspension
Must be properly served 5 business days prior to the hearing
(360) 734-3847 | (360) 336-8722
Having a driver's license is not a right, but a privilege. When arrested for DUI that privilege is immediately in grave doubt. We have always advised that it is good practice to contact an attorney immediately following an arrest so that you are well advised and can receive prompt counsel. This is even more the case with the changes due to come into effect New Year's Day, 2019.
Please read the new law below, in summary form, followed by the applicable statutes, WAC 308-103-010 through 308-101-260.
No Hearing Requested:
If no hearing is requested, license or permit will be a temporary license for 30 days from either the date of arrest or from date of notice if notice was given by DOL.
Requesting a DUI Hearing:
A person has 7 days after they have been served written notice to request in writing a formal hearing. If mailing in the request, the postmark must be within 7 days of the receipt of notification.
Application fee remains $375.00
DOL Hearing Timeline:
The DOL hearing shall be held within 30 days (excluding Saturdays, Sundays, and legal holidays) following the date of timely receipt of the formal request for hearing.
“Timely receipt” is not defined specifically in the RCW or WAC so it will be unclear when the 30-day count will start
If the DOL gave notice following a blood test, the DOL hearing shall be held within 30 days (excluding Saturdays, Sundays, and legal holidays) of the date of notice given.
Notice is deemed to be given on the third day after the notice is deposited into the state mailing service (WAC 308-101-030).
Notice of DOL Hearing:
DOL must give 5 days’ notice of the hearing to the person unless otherwise agreed to by the department and the person.
The 5 days’ notice required for hearings should mean 5 business days’ notice of the hearing (WAC 308-101-030)
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Further, if you are not a United States Citizens we strongly encourage consulting with an immigration attorney to determine how a criminal charge may affect your immigration status.
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