**AS OF JANUARY 1st, 2019, NEW DOL RULES HAVE BEEN IMPLEMENTED. PLEASE CALL US TO DISCUSS THE NEW RULES IF YOU WERE STOPPED FOR AN ALLEGED DUI ON OR AFTER JANUARY 1st, 2019.**
DOL Hearings for DUI Cases:
If you took the legal breath test and:
- it was .08 or higher (adult)
- or .02 or higher (under age 21)
- or you refused the legal breath or blood test
You may contest the mandatory administrative license suspension (that will occur 30 days from the date of your arrest) by requesting a DOL hearing. YOU MUST REQUEST THIS HEARING WITHIN 7 DAYS OF YOUR ARREST (unless you provided a legal blood, not breath sample) or you will be denied a hearing.
To request a hearing, use the form law enforcement provided you at the time of your arrest, the Driver’s Hearing Request. If you were not given this form by law enforcement you may download the form at www.dol.wa.gov or contact the DOL.
Your Hearing Request must be accompanied by a check or money order for $375.00, or a completed “waiver” form if you believe you are indigent.
If you do not request a hearing in a timely manner, your license will automatically be suspended or revoked. The time period depends on whether you took or refused to give a breath or blood sample, and whether you have a prior administrative action by DOL (for a previous similar offense) in the past seven years.
Mailing the DOL Hearing form:
We suggest that you take your completed hearing request form into a post office and mail it at the counter. While at the counter, request a proof of mailing called a “certificate of mailing.”
Once the DOL receives your request and payment, they will mail you a notice with your administrative hearing date. (If you submitted a waiver of the fee, and they deny it, you must send payment to DOL immediately). Typically, the DOL will allow your hearing to be rescheduled, for a good reason, at least once.
DOL Hearing Facts:
- All Department of Licensing administrative hearings are held telephonically.
- Your telephonic presence is not mandatory and may be waived.
- If your attorney requires you to testify, you will need to be available by phone or at the attorney’s office.
- Although your presence is not mandatory, you are certainly encouraged to listen in on your hearing. The testimony of an expert witness may be necessary if a medical condition or other issue is pivotal to winning your case. Your attorney will discuss this option with you ahead of time.
After your hearing, the DOL will mail you and your attorney a final decision.
IGNITION INTERLOCK LICENSE (IIL)
In lieu of a hearing, or if you have lost your hearing, the Department of Licensing may grant you an ignition interlock driver’s license so that you can legally drive.
An Ignition Interlock Driver License (IIL) allows you to drive a non-commercial vehicle equipped with an ignition interlock device while your license is suspended or revoked for an alcohol-related Driving Under the Influence (DUI) or Physical Control. (Commercial drivers are not eligible for an IIL on their commercial vehicles). The specific eligibility requirements can be found on the DOL website (www.dol.wa.gov). You must reside in Washington to be eligible to have an IIL, and unless you are in the military, you must have a WA license to be eligible.
If eligible, to apply for an IIL,
- Install an ignition interlock device in every vehicle you intend to drive. The installer will send DOL proof that the devices have been installed. We recommend contacting: Smart Start Inc. for the device. (Let Smart Start know you have or intend to hire Callahan Law, P.S., Inc. for an additional discount)
- Get proof of financial responsibility, such as a Certificate of Insurance (SR-22). An insurance agent can help you with this requirement.
- Complete an Ignition Interlock Driver’s License Application at www.dol.wa.gov
Submit your completed application with cash or money order for the application fee in person at any driver licensing office, fax it to DOL, or mail a check or money order to:
Department of Licensing
PO Box 9048
Olympia, WA 98507-9048
The application process can take anywhere from 4 to 30 days depending on the Department of Licensing’s workload. DOL will let you know in writing if your application has been approved or denied.
You are responsible for paying IIL fees and interlock device costs, including:
- the cost of installing, leasing, and removing an ignition interlock device.
- the cost of maintaining proof of financial responsibility – SR-22 insurance
- the IIL application fee (non-refundable) — $100.00.
- the monthly Ignition Interlock Device Revolving Account fee used to help low-income drivers with the cost of an interlock device — $20.00 a month.
We stand ready to help you through the maze of the court and DOL procedures. We’ve helped so many in your situation get their lives back and get back on the road driving legally.