THE DOL

The first thing you must know is that the Department of Licensing is a government organization.  As such disorganization and misinformation rule.  Our staff spend countless hours every week fixing the problems the DOL creates.  I cannot emphasize how troubling this organization is so be forewarned.

Will I Lose My License?

NOTE:  As of January 1, 2009, if your license is suspended due to your DUI, you will be eligible to receive a new type of license, namely, the Ignition Interlock License.  This license permits you to drive even though your license is suspended.  See details at bottom of page. For more information and an application, see the following website:  www.dol.wa.gov/driverslicense/iil.html

The Department of Licensing (DOL) will suspend your license administratively if you are an adult arrested for DUI (or physical control) and have a breath or blood test result of .08 or higher; or if you are under age 21 and your test result is .02 or higher. Your license will be revoked for at least one year if you refuse testing.

To prevent that from occurring automatically, you must request a hearing from DOL within 20 days of the date you were arrested. (This 20 day provision starts January 1, 2009)

When you were released from custody, the officer should have punched a hole in your license (making it into a temporary license, valid for 60 days), given you a copy of the breath test result, and given you a hearing request form.

Unless you send in the hearing request form (and pay a $200 fee, unless indigent) within 20 days of your arrest, you will lose your license and have no right to appeal! (In blood test cases, the 20-day time period commences on the day DOL mails you notice of your blood test result)

When mailing your hearing request form, you should use registered or certified mail so that you can prove when you mailed the form (Do not forget to include the $200 hearing fee). Once you have requested a hearing, DOL must provide the hearing (in person or by telephone) within 60 days of the date of arrest.

The DOL’s action proceeds completely independent from any criminal prosecution, and, depending on the nature of the action, a suspension or revocation may run in addition to or at the same time as a suspension or revocation resulting from a criminal conviction.

Ignition Interlock

License An Ignition Interlock Driver License (IIL) allows you to drive vehicles equipped with an ignition interlock device while your regular license is suspended or revoked for an alcohol-related DUI or Physical Control.  The details follow, but be certain to talk with your attorney due to the complexity of this new option.

Requirements

To be eligible for an IIL, your driving record must show that:

• You have been arrested for, or convicted of, an alcohol-related DUI or Physical Control.
• You have had a valid driver license.
• You haven’t been convicted of vehicular assault or vehicular homicide within 7 years before the incident for which you are requesting an IIL
• Your current suspension or revocation isn’t for, or doesn’t include, Minor in Possession, Reckless Driving reduced from an alcohol-related DUI, Vehicular Assault, Vehicular Homicide, or Habitual Traffic Offender.

Vehicles that require an Interlock device
While driving with an IIL, you must maintain an interlock device on all vehicles you drive, including employer’s vehicles you drive during work hours. You cannot drive a commercial motor vehicle while you have an IIL.

Work Vehicles
If you drive vehicles owned by your employer during work hours, the vehicles must be equipped with an interlock device.  However, this requirement may be waived if your employer signs an Employer Declaration for Ignition Interlock Waiver. www.dol.wa.gov/forms/500025.pdf.  You must send to the DOL a copy of the signed declaration before you drive your employer's vehicles, and you must carry a copy of the declaration with you whenever you drive a work vehicle that isn't equipped with an interlock device.

Getting an IIL
If your license has been suspended or revoked by the DOL
Starting January 1, 2009, you may apply for an IIL at any time, including after being arrested or after your revocation hearing.  When you get an IIL:

• you waive the right to a hearing on your license suspension or revocation;
• you must maintain an interlock device on all vehicles you drive for the remainder of the period of your suspension.

How to apply for an IIL

1. Install an ignition interlock device in every vehicle you drive.  The installer will send proof to the DOL that the devices have been installed.
2. Get proof of SR-22 insurance.
3. Complete the IIL Application.  www.dol.wa.gov/forms/500023.pdf  
4. Submit the completed application with a check or money order for the application fee ($100):
1. In person at any driver licensing office, or
2. By mail to
   
                 Driver Records
                 Department of Licensing
                 PO Box 9048
                 Olympia, WA 98507-9048