How to Protect Your Washington State's Driver's License When Faced with a DUI Accusation

Posted almost 5 years ago. Applies to Washington, 2 helpful votes

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1

Suspension or Revocation

Depending on the nature of the action, a suspension, (the suspension time will run for under a year) or revocation, (the suspension time will run for one year or more), may occur at the same time, or in addition to as a suspension or revocation resulting from a criminal conviction. Revocations based on a refusal to be tested will run in addition to any license suspension resulting from a conviction.

2

DUI Arrest

Depending on the nature of the action, a suspension, (the suspension time will run for under a year) or revocation, (the suspension time will run for one year or more), may occur at the same time, or in addition to as a suspension or revocation resulting from a criminal conviction. Revocations based on a refusal to be tested will run in addition to any license suspension resulting from a conviction. If you are 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, DOL will suspend your license administratively. If you refuse the official breath or blood testing your license will be revoked for at least one year. On the day you were arrested, the police officer should have given you documents. The officer should have given you the following: a DOL hearing request form, given you a copy of the breath test result, and punched a hole in your license.

3

You Have Only 20 days

You only have 20 days from the date of your arrest to send in the hearing request form and pay a $200 fee. If you don't, 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. Your hearing request must be postmarked no later than the 20th day after arrest. In order to prove that you mailed the form you will need to send the request by registered or certified mail. The Department's action proceeds totally independently 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. If you fail to timely send in your request for a hearing, your only option is to apply for the IIL or you must not drive during the time of your license suspension.

Additional Resources

Driver’s Hearing Request and Hearing Fee Waiver Application Form (see link below) This 2-page document includes both the Hearing Request Form and the Hearing Fee Waiver Application form. Your hearing request must: •be postmarked within 20 days of the date of arrest. •include a check for $200 payable to “Washington State Department of Licensing.” Note: The $200 fee may be waived if you are determined to be indigent.

DOL Hearing Request Form & Waiver of Fee if needed

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