If your breath test was over the legal limit or there is an allegation that the breath or blood test was refused, not only will there almost assuredly be a criminal charge of DUI filed, but the Washington State Department of Licensing will also be looking to suspend your driving privileges for a period of ninety (90) days to two (2) years. In order to avoid this sanction there are a number of proactive steps you will need to take.
First, you will need to request a hearing to contest the suspension within twenty (20) days of your arrest. This request must be accompanied by hearing fee of $200.00 or a hearing fee waiver application. The DOL, by law, has only 60 days from the date of arrest to provide the requested hearing. Therefore, it will be important that you contact a Seattle DUI lawyer as close to the date of arrest as possible. Several decisions need to be made prior to the hearing date and you'll want to give your attorney as much time to prepare as possible.
Once the hearing request is received, the DOL will set a hearing date and mail a copy of the police report to either you or your attorney, if you have one at the time of the request. DOL hearings, with some exceptions, are held over the phone. The DOL hearing officer is an employee of the DOL and the State of Washington. At the hearing there are four issues that the hearing officer will consider:
- Whether the arrest was lawfully made
- Whether the officer had reasonable grounds to believe the person had been driving or in physical control while intoxicated at the time of arrest
- Whether the state mandated Implied Consent Warnings had been given
- Whether there was either a refusal or a valid breath test over the legal limit
No other issues will be given much, if any, consideration.
Consequences of losing the DOL hearing range from the license suspension, to action being take against the person's commercial driver's license (CDL), to a requirement for SR-22 insurance, and the possibility of an ignition interlock device.
For a more expanded consideration of the topic of DUIs and the Department of Licensing, please visit the following link. DUI and the Washington Department of Licensing, or contact the Seattle DUI lawyers at Milios Defense for a free consultation.