DOL - License Suspensions and DUI
Once arrested for a Washington State DUI, you need to contact your Seattle DUI Pros as you only have 20 days to request a hearing to avoid any possible license suspension.
You have 20 days from the date of your arrest, or 20 days from the date of notice of your suspension in the case of a DUI blood draw case. It is highly advisable you request a hearing if you submitted to a (BAC) breath test and the alleged results are above .08 or you refused (DUI Refusal) to take a blood or breath test after being requested by law enforcement.
For people subjected to a blood draw (a Marijuana DUI) or because the machine was broken or you were incapable of providing a breath test, again you will have 20 days from notice of suspension to ask for a hearing ( this would be sent to you by the DOL in the mail).
Why should I request a hearing to save my license?
If arrested for a DUI in Seattle, we ask that you request a hearing to try and challenge any license suspension. You have 20 days from the date of your Washington State DUI arrest (or notice of suspension in a blood draw case) to request an administrative hearing. The hearing request fee is $375.
What happens if I don't ask for a DOL a hearing?
There are significant license penalties you face as a driver arrested for DUI in Washington State. Failure to request a hearing will result in the automatic suspension of your license for at least 90 days on your first offense (up to 1 year for a Refusal, administratively). For subsequent offenses within a 7 year period, the license sanction will be for 2 years or more. The arresting officer is required to provide you with the necessary document so that you may request a DOL DUI hearing. If you did not receive that document, you can download it - (DUI Hearing Request).
After you download the form, if you have not already, contact your Seattle DUI Pros and we will advise you of the process. The request for a DUI hearing is extremely important of you are a CDL (Commercial Driver's License) holder.
You want to fight any license sanctions and we know how! If you are suspended you will be required to obtain SR-22 (high-risk) insurance in order to get your license privilege restored. Our Seattle DUI Pros, Seattle DUI Attorneys, are ready to help you with this DOL process. Our Seattle DUI Lawyers (the Seattle DUI Pros) handle your Administrative hearings. The hearings are conducted at our office - it is a telephonic hearing which does not require your presence. You need a Seattle DUI lawyer familiar with all of the issues involved in these DOL hearings so that you can try and keep your license.
What kind of penalties do I face as a CDL holder?
For Commercial Driver's License holders, it is integral to understand the DOL PENALTIES imposed on a first DUI offense and/or Washington State DUI conviction. It is important because there are different sanctions for CDL holders, it depends on whether you were operating your commercial motor vehicle at the time of arrest or not (i.e., driving your personal vehicle). If you were a CDL holder the suspension of your CDL will be for a period of ONE YEAR, not 90 days as the warnings infer. This is why it is extremely important you call to speak with your Seattle DUI Lawyers (the Seattle DUI Pros) today if you are a CDL holder.
This is one of two processes in a Washington State DUI
As an experienced Seattle DUI Firm we always inform our clients of the two track process (administrative and criminal). (1) The Criminal track starts when you are arrested, but formally begins at your arraignment (first appearance in court) (2) The Civil (administrative) track starts the day you are arrested for DUI. This is why it is essential you request a hearing with the Department of Licensing. If you fail to request a DOL DUI Hearing your license will be automatically suspended, it is not dependent upon the outcome of your DUI case in court (criminal matter).
Here are some ways we have assisted persons with keeping their license in DUI DOL Hearings:
We argue that the arresting officer's certification to operate the breath test machine was not valid
We argue the arresting officer did not have reasonable suspicion to stop you in the first place
We argue the arresting officer failed to read you the required warnings which inform you of possible license sanctions when arrested for a Seattle DUI - Implied Consent Warnings
In CDL cases, we argue the arresting officer did not properly inform the CDL holder of the license implications on their CDL
We argue the arresting officer did not have authority to arrest you (i.e., Tukwila officer who arrested a person in Kent)
We argue the arresting officer did not follow the protocol for administration of the breath test
We argue the arresting officer did not have probable cause to arrest you for DUI
And many more