After a DUI arrest in Washington State, there will be mandatory court dates and an automatic driver’s license suspension (unless you contest it) with the WA State Department of Licensing (DOL).
How to Contest a DUI License Suspension in WA State
- From the date of arrest, you have 7 days to request a DUI hearing (to contest the license suspension). If a hearing is not requested, the license suspension will go into effect 30 days after the arrest date. The license suspension can be anywhere from 90 days to 2 years for a first offense.
- The hearing can be requested online or by mail, along with the $375 hearing fee. There is also an option for a hearing fee waiver if you qualify for financial assistance.
- If the hearing request is made within the allowable time frame, the DOL will set a date for a DUI hearing with one of its hearing examiners. Washington State hearing examiners are employees of the DOL and are not judges, but they are supposed to be impartial in their decision making.
- The DUI hearing will take place over the telephone. The hearing examiner will only consider four issues: (1) whether you were under lawful arrest, (2) whether the officer had reasonable grounds to believe that you had been driving or were in actual physical control of a vehicle while under the influence of liquor or drugs, (3) whether you were properly advised of the Implied Consent Warnings, and (4) whether you were over the legal limit or refused the breath test.
- After the hearing, the hearing examiner will either make a decision on the hearing date or mail out a decision.
- Once a decision has been made, you may appeal it within 30 days through the superior court in the county that you were arrested in.
- If the Department of Licensing maintains the suspension, you may be eligible to drive with an ignition interlock device in your vehicle for the duration of the suspension. You should not apply for an ignition interlock license without first consulting with an attorney, since the right to a DUI hearing and appeal will be waived once an ignition interlock license is issued.
Do I Need an Attorney at a DUI Hearing?
It is a good idea to be represented by a DUI attorney at this hearing. Your lawyer may request that the police officer or other witnesses be subpoenaed before the hearing. They can also question witnesses, present evidence, and offer testimony.
At Beckwith DUI Law, we fight for clients at their DUI hearing and throughout their criminal case. We have a proven track record in the courts of King, Pierce, Snohomish, Kitsap, & Thurston County, including the metropolitan areas of Tacoma, Seattle, Bellevue, Everett, Puyallup, and Olympia, WA.
Contact us today for a free consultation.