THE DOL and your Washington DUI

The first thing you must know after you have been arrested for DUI 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 as a result of my Washington DUI Arrest?

NOTE:  As of January 1, 2011, the Washington State Department of Licensing will be making more changes to their licensing system.  The Ignition Interlock will be affected, so too the Ignition Interlock License (IIL).  Also, deferred prosecutions and the interlock and IIL, will have changes too. 

The Department of Licensing (DOL) will suspend your license administratively if you are an adult arrested for a Washington State 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 Washington State license will be revoked for at least one year if you refuse the BAC following your Washington State DUI Arrest.

To prevent that from occurring automatically, you must request a hearing from DOL within 20 days of the date you were arrested for DUI. When you were released from custody following your DUI arrest, the DUI officer should have punched a hole in your Washington State 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 Washington State DUI arrest, you will lose your Washington State 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 to the Department of License, 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. Until the 60th day following your arrest or, until notified that you lost your DOL hearing, your license remains valid and you can drive lawfully (assuming you have no other pending actions against your license).

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.