DUI License Suspension

You only have 7 days to request a hearing. We can help.

Drive During the Suspension

You can drive legally by applying for the Ignition Interlock License.

Not Drive at all

You can choose to sit our your suspension but you must re-instate.

Hi, I’m Linda Callahan, a DUI attorney with years of experience helping folks like you navigate the tricky waters of DUI charges and license suspensions.

Getting charged with a DUI is stressful, but there’s hope.

Driving is one of the most important privileges we have. We need to drive to take care of our everyday needs, including work and family.

Understanding your driving options when arrested for a DUI is central to most of our clients. The most crucial step you can take is to request a DUI hearing. Let’s dive into why this hearing is necessary and how my team can help you make the most of it.

Table Of Contents

FAQ's

How long will my license be suspended on a First Offense?

The suspension on a first DUI in Washington State is typically 90 days if you took the breath test or your blood test results are at or above a .08. Learn more here.

How long will my license be suspended for a DUI under 21?

If your breath or blood test are at or above a .02, you will be looking at a 90-day suspension. Learn more here.

If you refuse to take a breathalyzer test how long is your license suspended

If you are accused refused to submit to a breath or blood test, and this is the first DUI within 7 years, you may be suspended for one-year administrative suspension. Learn more here

What happens if I miss the seven-day deadline to request a DUI hearing?

If you miss the seven-day deadline, your license will be automatically suspended on the 30th day following your arrest. It’s crucial to submit your request on time to avoid this outcome.

Can I request a DUI hearing if I took a blood test instead of a breath test?

If blood was taken, it’s still crucial to request a hearing within seven days to prepare for any future license suspension and notify the DOL of your intent to fight the suspension. The DOL usually waits for the blood test results before informing you of your right to request a hearing. This can take months, even up to a year.

Will my license still be suspended if I request the DUI Hearing on time?

No. The DOL puts a “stay” or a hold on the automatic suspension if you apply for the hearing within 7 days.

You will be allowed to drive legally until the hearing is held and a decision is made by the DOL.

Washington State DUI License Suspension Facts

If you have been arrested on suspicion of Driving Under the Influence (DUI) and it was determined that: You tested over the legal limit for alcohol, marijuana or drugs. Or accused of refusing a breath or blood test.
Your license will be subject to an administrative suspension or revocation on the 30th day following your arrest.
The length of the suspension depends on several factors. The Department of Licensing will revoke or suspend your driver's license even if your DUI criminal charge is never filed or is dismissed in court.

Why its important to secure legal representation

DOL hearings are nearly impossible to win without the assistance of an attorney or the knowledge of technical requirements.
The DOL will not grant exceptions for a driver’s license suspension or revocation based on personal difficulties or circumstances such as criminal history, medical hardships, or lack of community transportation. There are no negotiations or reductions in these cases.
When it comes to the DOL, there are no negotiations or reductions that affect this decision.
Because the hearing is essential to the defense process, you must immediately request assistance from a highly skilled DUI Lawyer who understands how to win these administrative hearings.

How long is your license suspended for a DUI in Washington?

For Persons accused of DUI or Physical Control

90-Day administrative suspension if you took the breath test and the result was over .08 or a blood test and the THC result was 5 nanograms or higher, and this was the first DUI within 7 years.
One-year administrative suspension if you refused to submit to a breath or blood test, and this is the first DUI within 7 years.
Two-year administrative suspension if you took the breath or blood test and this is the 2nd or subsequent DUI arrest (The DOL has suspended or revoked your license following a DUI or Physical Control arrest within 7 years)

For Persons accused of DUI Under the Age of 21

90-Day administrative suspension for the first offense, where an officer reports to the DOL that the under-aged person was driving or in physical control of a vehicle after consuming alcohol or marijuana or any drug, and a blood test shows any marijuana or alcohol above a .02.
One-year administrative suspension for the first offense, where an officer reports to the DOL that the under-aged person was driving or in physical control of a vehicle after consuming alcohol or marijuana or any drug and refused to submit to a breath or blood test.
Two-year administrative revocation (or until age 21, whichever is greater) if its is the second or subsequent offense where an officer reports to the DOL that the under-aged person was driving or in physical control of a vehicle after consuming alcohol or marijuana or any drug, and a blood test shows any marijuana or a breath test above .02, or the person refused to submit to a breath or blood test.

Meet Our Team of Experienced DUI Attorneys

DUI Case Results

**Updated 08/03/2023**

DUI's Reduced

9 0 %

DUI's Dismissed

DUI's > Neg 1

DUI's > Reckless Driving

DOL Hearings Won

You only have 7 days to apply for a DOL hearing

Request For DUI Hearing

Why You Should Request a DUI Hearing

Essential For Everyday Life

Driving is an essential part of everyday life, and the hearing can help you retain or regain your ability to:

Commute to work
Drive a company vehicle
Use your CDL for work
Handle family responsibilities
Manage daily tasks.

Request a DUI Hearing Is a Beacon of Hope

Requesting a DUI hearing is not just essential; it’s a beacon of hope. If you don’t request a hearing, your license will automatically be suspended 30 days after your arrest.

Giving You More Time

By requesting a hearing, you can delay the suspension and buy yourself some time to prepare your defense. It’s a chance to turn things around and maybe even keep your license, which can bring a huge sense of relief.

Challenge the Evidence

Requesting a DUI hearing allows us to review and contest the evidence against you, potentially saving your driving privileges.

We Author the DUI Manual Defense Attorneys rely on everyday for DUI Defense Strategies.

How to Request a DUI Hearing in Washington State

Requesting a DUI hearing in Washington State involves several steps. However, when you hire our firm, we take care of everything for you, making the process smooth and stress-free.

We offer a reasonable flat fee, which includes the DOL Hearing Fee of $375.00, to request the hearing on your behalf and start our investigation.

Step 1 - Contact Our Firm Immediately

After your arrest, the most crucial step is to contact our firm as soon as possible. The seven-day window to request a hearing starts from the date of your arrest, so prompt action is essential. When you reach out to us within five days, we can handle the hearing request for you. Our experienced team will guide you through the next steps and start preparing your case right away, emphasizing the urgency and importance of the situation.

Step 2 - Provide Necessary Information

We’ll need some basic information from you to complete the hearing request on your behalf. This includes personal details and any documentation you received from the arresting officer. Don’t worry—we handle all the paperwork, ensuring everything is completed accurately.

Step 3 - We Handle the Form and Fee

Our firm will complete the “Driver’s Hearing Request” form and submit it to the Department of Licensing on your behalf. We’ll also send the $375 hearing fee, which our service package includes—there is no need to stress about additional costs or payments during this process.

Step 4 - Proof of Submission

To ensure everything is done correctly, we’ll obtain proof of mailing and keep records of the submission. This guarantees that your hearing request is processed on time and protects your right to contest the suspension of your license.

What to Expect After Hiring Us?

Once you hire our firm, we manage all aspects of your DUI hearing request, allowing you to focus on other important matters. Here’s what you can expect:

Confirmation and Scheduling

After we submit your hearing request, the Department of Licensing will send a confirmation and schedule your hearing. We’ll notify you of the date and time and start preparing your defense strategy immediately.

Preparing for Your Hearing

Our legal team will thoroughly review all evidence, including police reports, relevant documentation, and any audio or video available. We’ll gather witness statements and build a solid defense for the hearing. Throughout this process, we’ll keep you informed and prepared, ensuring you feel confident and secure in our thorough review.

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Requesting The DUI Hearing on Your Own

Requesting the DUI Hearing By Mail

If you can’t hire us within the seven-day window, you can still request the hearing on your own. Here’s how:

Step 1 - Obtain the Driver's Hearing Request Form

After your arrest, the officer should provide you with a ‘Request for DUI Hearing‘ form. This is your official request for a DOL hearing with the DOL. Fill it out accurately and thoroughly.

Step 2 - Complete the Form Accurately

Fill out the form with your personal information. Leave the attorney information section blank initially; your attorney can notify the DOL later that they represent you.

Step 3 - Pay the Hearing Fee

Include a check or money order for $375 with your hearing request form. This fee is non-refundable and required to process your request.

Step 4 - Submit the Form and Fee

Mail the completed form and payment to:

Administrative Law Office Department of Licensing

PO Box 9048 Olympia, WA 98507-9048

Step 5 - Keep Proof of Mailing

It’s essential to have proof that you mailed your request on time. Take the envelope to the post office and request a “Certificate of Mailing.” Keep this certificate safe.

Requesting the DUI Hearing Online

You can also request a DUI hearing online through the DOL’s License eXpress service. This method is more convenient and faster, which can be a relief during stressful times.

Requirements for Online Request

To request a hearing online, you need to:

Sign up for License eXpress
Have a Washington driver’s license
Have taken a breath test (not a blood test)
Submit your request within seven days of your arrest
Pay the hearing fee using a credit or debit card

Step 1 - Sign Up for License eXpress: Create an account on the DOL’s License eXpress portal.

Step 2 - Log In and Navigate: Log in to your account

Once you have logged in, navigate to the menu on the right under “Driver Information” and click on the “Request a DUI Hearing” link.

Step 3 - Complete the Online Form

Fill out the online form with your personal information.

Step 4 - Make the Payment

Pay the $375 hearing fee using a credit or debit card.

Step 5 - Submit the Request

Review your information and submit the request.

DOL Hearing Process

Preparing for the DUI hearing

Step #1 - Investigation

Preparing for a DOL Hearing takes significant time investigating the facts of the case leading to the subpoena of the arresting officer or witnesses.

Step #2 - Requesting a Continuance

If we need more time to prepare for your hearing or need to reschedule your hearing for any reason, we may request that the hearing officer grant a continuance.
A continuance means that the hearing will be rescheduled to a later date. The request must be in writing and include the reason we want to continue the hearing.

Step #3 - Subpoena

The subpoena request should be submitted as soon as possible, otherwise the hearing officer can simply deny the request unless he or she believes that your reason for requesting more time is an emergency.
No matter what your reason for requesting a continuance is, the hearing officer may require us to submit evidence in support of our reason for the request. It is important to note that we may request a continuance only once.

Subpoenaing Witnesses

Determining Witnesses

You will be permitted to have witnesses subpoenaed to testify at the DOL hearing, including the arresting officer(s).
We will discuss this option with you and determine whether subpoenaing witnesses to testify would be beneficial in your case.
We might, for example, decide that it would be helpful to have an expert witness testify on your behalf.
An expert witness is someone with special knowledge about a scientific or technical issue who may be able to help you win your case.
DOL hearings are difficult to win and you need experienced DUI lawyers like ours, who can identify the best strategy for success in these highly technical hearings.

Issuing and Serving Subpoena's

The hearing officer can issue subpoenas for witness testimony, but the subpoena must be served no later than 5 business days before the hearing.
A subpoena must be personally served to the potential witness.
- This means that after the subpoena is complete with the hearing officer’s signature, our staff must deliver a copy of the subpoena to the witness, in person, or if the person is an officer, the subpoena can be personally delivered to a responsible person at the police station where he or she works.
The deadline for service of the subpoena is 5 business days before your hearing.
- The person who delivered the subpoena must fill out the “Proof of Service” section of the subpoena on the lower-left corner after serving the witness with the subpoena. The hearing officer must receive a copy of it, preferably, before the hearing.
Additionally, a “subpoena duces tecum” is available by request from the hearing officer, which can be sent to a person if the person has books, documents, or things that are relevant to the case.
The subpoena must state a time and place for the person to bring the item(s), and the hearing officer might require you to pay for any costs involved in the person’s bringing the item(s).

Handling the hearing live

Telephonic Hearing

At the scheduled time, the hearing officer will call us if we are representing you.
The hearing usually lasts up to one hour.
The hearing officer will start recording the call to ensure that all evidence and decisions are documented for any potential appeal.

Exhibits

Introduction of Exhibits:

The hearing officer will admit exhibits (evidence) like the police report into the record.
We can object to the admission of evidence or argue against including certain items.
We may also introduce exhibits into evidence. It’s beneficial to send these in advance so the hearing officer can review them before the hearing.
Videos must be submitted in advance, as they will be part of the case record and not returned.

Decision on Exhibits:

The hearing officer will decide whether to allow or exclude each item of evidence based on your lawyer’s arguments.
The officer will state the reason for their decision to assist in any future appeal.

Testimony

Witnesses:

Subpoenaed witnesses will be conferenced into the call and sworn in before questioning.
Other witnesses may testify, and your lawyer can object to their testimony and cross-examine them (e.g., police officers).

Your Testimony:

You can introduce evidence or testify to rebut or disprove the testimony against you.
We always consult with our clients before deciding to have them testify, as it might negatively impact your case. The recording could be used against you in a criminal case or affect our defense strategy.
Remember, you have the right to remain silent and let the government prove its case.

Legal Arguments

Submission of Arguments:

We often submit written legal briefs and present oral arguments during the hearing.
Legal arguments may cover various issues related to your case.

Role of a DUI Lawyer:

An experienced DUI lawyer will use their knowledge of Washington State laws and prior court cases to persuade the hearing officer against suspending or revoking your license.

3 Reasons to Hire Us

Experience

Our Team of Attorneys and Paralegals have over 30 years of combined experience. We know the law and understand how to apply it to your case.

Focused on You

We create a custom defense for every client. Not all cases are the same and we know that. Your concerns and goals are our top priority.

Reputation

As a long-time author and speaker, Ms. Callahan is respected across the county for her trial skills and investigative knowledge. Her reputation proceeds herself when appearing in court.

DOL Hearing Strategies

Evidence-Based Consideration

The DOL may make it seem cut and dry, but in fact, there are many issues that the hearing officer will look at in deciding whether your license should be suspended or revoked.
The state carries the burden of proof, which means that the Department’s evidence must persuade the hearing officer that it should win by a preponderance of the evidence.
This means that the hearing officer must be convinced that it is more likely than not that a particular fact has been proven. You, the driver, do not necessarily need to submit any evidence to win.

Issues for the Hearing Officer to decide are:

Whether you were lawfully arrested.

Whether the officer had “reasonable grounds” to believe that either:

1. You were driving or were in physical control of a motor vehicle while under the influence of alcohol or drugs.
2. You were under the age of 21 years and were driving or in physical control of a motor vehicle after consuming alcohol.

Whether the officer correctly gave you the Implied Consent Warnings (“ICWs”). Washington court cases have set out some very specific requirements for officers to follow when they explain drivers’ rights to them that the officer may or may not have followed at the time of your arrest. If you were misled by something the officer told you, or not warned accurately, or expressed confusion to the police officer but nothing was done to dispel your confusion, the hearing officer may dismiss your case.

Whether you actually refused the breath or blood test. For example, in some cases, medical problems might actually be responsible for what the officer called a “refusal”. In other cases, there could have been an equipment malfunction.

Whether the breath or blood test result was:
- .08% or more if you were at least 21.

- .02% or more if you were under age 21.

- .04% or more if you were driving a commercial vehicle.

Whether the officer made mistakes when he or she gave you the breath or blood test.
Both Washington law and the Washington State Toxicologist Policies and Procedures may help a competent lawyer win a dismissal.
For example, the police officer may have failed to observe you for a long enough period of time before giving you a breath test or have forgotten to make sure that you did not eat, drink, or smoke right before taking the test.
Officers sometimes forget to check a driver’s mouth prior to a breath test or to check again a second time if the first sample comes back with a result of “invalid.” Or perhaps the officer was not qualified to give you the type of test that he or she gave you, or the officer or the toxicology lab mishandled the evidence in your case.

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What Experience Does Callahan Law Offer?

Why Should You Choose Callahan Law?

Winning a DOL Hearing

You may be wondering if a lawyer really can help you win your DOL hearing, or if fighting the DOL is even worth your time and energy.

The truth is that while a DOL hearing is tough to win, DOL does dismiss cases against drivers.
You will have a much better chance if you have an experienced lawyer on your side.
The arguments that can be made in any given DOL hearing are extremely fact-dependent, and a seasoned Washington DUI lawyer will have the technical knowledge necessary to bring the best arguments forward in your DOL hearing.
It is possible to win, and this may be your only shot at fighting to keep your license.

Dismissal of Suspension - DOL Win

The following is a partial list of some of the reasons that DOL might dismiss your case, and facts that a good DUI lawyer will look at in your case:

Incomplete or Defective Report (a missing key element of evidence)

If the officer was careless in filling out the police report, he or she may have left out critical information. Or, the officer may have sent only a portion of the report to DOL and left out a necessary piece of it.

A good DUI lawyer can determine whether the report is missing any information that DOL needs to suspend or revoke your license.

Illegible Report

If parts of the officer’s report are not legible, the hearing officer might not be able to read critical pieces of information.

A good DUI lawyer can determine whether the illegible parts fail to prove some necessary fact that without which the hearing officer cannot suspend or revoke your license.

Boxes Not Checked or Typos

Sometimes an officer will leave out critical information by not checking a necessary box or by making a typographical error. Not all boxes on the report must be checked.

We will determine which boxes should have been checked in your case based on the facts of your case.

If all necessary boxes are not checked, sometimes the matter can be won if the information is not given elsewhere in the report.

Missing Pages

If the police officer leaves out critical information by not including all of the pages that the report should contain, your case may be dismissed. Not every page contains critical information.

A knowledgeable DUI DOL hearing attorney will know what the police report must contain and know when pages are missing.

Officer Error

No one is perfect, and police officers, like everyone else, make mistakes.

A seasoned DUI lawyer will be on the lookout for the sometimes subtle signs of officer error and can identify those errors that might tear down the state’s case against you.

Sometimes even a “minor oversight” or officer forgetfulness means that you could win under Washington law.

Collateral Estoppel

Under the law, the government may be unable to prove its case because it already lost part of its case in another proceeding (such as a criminal DUI case).

If you were charged with a crime, an experienced lawyer will evaluate your case to see if collateral estoppel applies.

DOL Error

Just like police officers, DOL doesn’t always get it right.

We will evaluate the facts to determine if DOL destroyed its own case against you.

For example, DOL may have not followed the necessary timeline in your case or provided you with the information to which you were entitled at the time you had the right to have it.

Credibility

Credibility has to do with whether or not a statement is believable.

If the hearing officer does not or should not believe a report or a witness’s testimony, it may be key to winning your hearing.

A lawyer who has experience in DUI is trained to spot a credibility issue and has the tools necessary to expose a credibility problem of a witness to the hearing officer.

For example, your lawyer might catch a witness in the act of contradicting himself or herself or showing that a statement cannot possibly be true. If one statement is shown to be false, a good lawyer may be able to convince a hearing officer to throw out everything the person said.

Legal Issues

The Washington legislature has created a web of intricate laws related to DUI cases and driver licensing.

Also, Washington courts have created judge-made laws that may be able to help you win your case.

You may be entitled to win your case if DOL just doesn’t have enough evidence to make a point that the state must make in order to win.

If you don’t consult a knowledgeable Washington DOL hearing lawyer, you might not even know that your rights were violated or that you deserve to win.

Unlawful Stop

A police officer cannot pull over your vehicle without a good reason under the law.

If the police officer should not have pulled you over, anything he or she saw, heard, or learned afterward typically cannot be used against you by the state.

Unlawful Arrest

The police cannot arrest a person for DUI or Physical Control without probable cause.

It may have been unreasonable for the officer to place you under arrest if he or she did not have enough information to suspect you committed a crime at the time he or she arrested you.

Was there enough information to think you were intoxicated?
Was there evidence to suggest that you were driving?

We will thoroughly investigate these and other important issues.

Because good evidence can become harder to find as time passes, it is important to contact our Washington DUI attorneys as soon as possible after your arrest so that the key facts and evidence in your case may be recorded and preserved.

This will allow your lawyer to have the best opportunity to help you keep your license.

DOL Hearing Results

The hearing officer must prepare a written decision called a “final order” that announces a decision about all of the issues in your case. You and your lawyer can expect to receive this decision by mail, usually within a few weeks after the hearing.

The final order will state whether the proposed suspension or revocation will go into effect and if so, when it will go into effect, or whether your DOL case is dismissed. Consult with your lawyer to discuss all of the available options at this point. Once you receive the final order, you have 30 days to appeal the case to the superior court if DOL did not dismiss your case. This option is discussed in more detail below.

DOL Appeal

Petition For Reconsideration

If you wish to challenge the final order, you may file a petition for reconsideration with the hearing officer who decided the case. Here’s how it works:

Filing for Reconsideration

Timeframe: You have 10 days from receiving the final order to seek reconsideration.

Eligibility: Reconsideration is available if:

There is new evidence or legal argument(s) that are material to the issue(s).
The new evidence or argument(s) could not have been discovered with due diligence before the hearing.

Process After Filing

Hearing Officer’s Decision:

The hearing officer may issue a new final order.
Alternatively, they may set another supplemental hearing to address the new issue(s).

Effect on Suspension or Revocation:

While the petition is pending, the suspension or revocation will be in effect as per the final order.
It will not automatically be stayed.
To stay the suspension or revocation, you must file a separate request, which the hearing officer may grant based on:
- The likelihood of the petition’s success.
- Whether denying the stay would cause irreparable harm.

After Reconsideration

Outcome:

The hearing officer will issue an amended order either denying the petition or amending the original final order.

Appeal:

Once you receive the amended order, you have 30 days to appeal it.
After this period, you can no longer appeal the original final order to the superior court.
Note: A denial of reconsideration cannot be appealed.

Considerations

A petition for reconsideration carries risks.
It’s important to consult an experienced DUI lawyer to determine if pursuing this option is in your best interest.

Appealing the Hearing Officer’s Final Order

If you wish to appeal the hearing officer’s final order, you must petition the superior court within 30 days. Here’s what you need to know:

Filing the Appeal

Deadline: File your petition within 30 days of receiving the final order.

Costs: You are responsible for:

Obtaining a copy of the DOL hearing record.
Having the record transcribed by a certified transcriptionist.

Stay of Suspension or Revocation:

Filing an appeal does not automatically stay the suspension or revocation.
You must request a stay from the superior court.
The court will decide based on:
The likelihood of success on appeal.
Whether denying the stay would cause you irreparable injury.

What the Superior Court Reviews

Legal Errors: The court will assess if the DOL made any legal errors.

Evidence Review: The court will not reverse the hearing officer’s decision based on factual disputes unless it is not supported by substantial evidence. Appeals are rarely successful on credibility issues related to the law enforcement officer’s report or testimony.

Court Proceedings

Legal Briefs and Arguments: Your lawyer can submit legal briefs and present oral arguments.

Court Decision: The superior court may:

Affirm (agree with) the hearing officer’s decision.
Reverse (disagree with) the decision.
Modify the decision.
Remand the case back to the DOL for another hearing.

Considerations for Appeal

Incentive to Appeal: If your lawyer believes the DOL’s decision is unsupported by evidence or law, appealing may be beneficial.

Alternative Option: Ignition Interlock License

If You Do Not Appeal: You can apply for an Ignition Interlock driver’s license.

Conditions: You must:

Install an Ignition Interlock Device (IID) on all vehicles you drive (with some exceptions for vehicles used in the course of employment).
Meet additional requirements to continue driving during the suspension or revocation period.

Requesting a “Stay” for Deferred Prosecution

If you are entering a deferred prosecution in your criminal case and meet certain criteria, you may request a “stay” of your license suspension or revocation. Here’s how it works:

Eligibility for a Stay

Washington Laws:

Washington permits a stay of license suspension for WA-licensed drivers entering a deferred prosecution, provided they did not refuse the breath test.
The stay means that DOL will not take action against your driver’s license for a specified period (150 days from the charge), allowing you to keep a temporary license while the process is underway.

Exclusions:

This stay option does not apply to commercial driver’s license (CDL) privileges.

Steps to Request a Stay

1. Obtain the Form:

You can get a form to notify DOL of your intention to seek deferred prosecution.
Important: Do not submit this form without consulting a qualified DUI lawyer. Submitting it without following through with the deferred prosecution program may forfeit your chance to contest the license action.

2. Commitment and Risks:

Deferred prosecution programs require a significant commitment and many do not succeed.
Our experienced Washington DUI defense attorneys can help you understand the challenges of the program to determine if it’s the right choice for you.

Requirements to Qualify for a Stay

To qualify for requesting a stay, you must meet the following criteria:

1. Breath or Blood Test:

You must have taken a breath or blood test at the time of your arrest.

2. First Deferred Prosecution:

This must be your first deferred prosecution program for a driving-related offense.

3. File the Form:

You must file the required form with DOL.

Understanding A Deferred Prosecution

Visit Our In-Depth Guide

Ignition Interlock License Washington

What Is An Ignition Interlock Device?

An Ignition Interlock Device (IID) is equipment installed in your vehicle’s ignition system. It requires you to provide a breath sample:

Before Starting Your Vehicle: You must blow into the device to start the engine.

Random Intervals While Driving: The IID may require additional breath samples while you are on the road.

Applying for an Ignition Interlock License (IIL)

If your license is suspended or revoked due to a DUI or related arrest, installing an IID and applying for an Ignition Interlock driver’s license (IIL) allows you to continue driving your personal vehicle under these conditions:

Eligibility Requirements:

Your suspension or revocation is due to a DUI or related offense.
You are not suspended or revoked for other reasons, such as habitual traffic offenses or non-compliance with child support.

Limitations:

An IIL does not permit you to drive a commercial vehicle.
You can apply for an IIL at any time, including immediately after receiving notice of the DOL’s intent to suspend or revoke your license.

Costs:

The costs for applying and maintaining an IIL, including high-risk insurance (SR22) for three years, can be significant. It’s often advisable to consult with an experienced attorney to represent you at your DOL hearing before applying for an IIL.

How to Qualify for an Ignition Interlock License

1. Administrative Suspension or Revocation

Eligibility:

You have a WA driver’s license or a valid license from another state.
Your license has been or will be suspended, revoked, or denied due to:
An arrest for DUI or related offenses.
A violation of RCW 46.61.503 (Driver Under 21 Consuming Alcohol or Marijuana).

Application:

Submit a prescribed fee and an application to the department. The department may issue an ignition interlock driver’s license if you are eligible.

Non-WA License Holders:

If you do not have a WA driver’s license but meet eligibility, you may need to take a driver’s licensing examination and meet additional requirements.

2. Conviction-Related Suspension or Revocation

Eligibility:

You have been convicted of:
RCW 46.61.502 (DUI).
RCW 46.61.504 (Physical Control).
Equivalent local or out-of-state statutes.
RCW 46.61.500 (Reckless Driving) if the original charge was DUI or Physical Control.

Application:

Submit an application to the department. The department may require you to meet additional requirements or take a driver’s licensing examination.

Ineligibility:

You are not eligible if your suspension or revocation is due to a violation of Minor in Possession or if you are a Habitual Traffic Offender.

Importance of an Ignition Interlock License

Having an Ignition Interlock License (IIL) in WA allows you to:

Keep Your Job: Drive to work and maintain your employment.
Take Care of Family: Drive your children to school and run necessary errands.
Stay Safe: Ensure you are driving safely and responsibly without alcohol.

Adhering to the rules and using the ignition interlock device is both a requirement and a responsibility, crucial for regaining your driving privileges.

How To Get An Ignition Interlock License?

Step 1 - Install an Ignition Interlock Device

Install an ignition interlock device in every vehicle you will be driving. We recommend Smart Start here in Washington State. They will notify the DOL that you have the device installed.

Step 2 - Get SR22 Insurance

Get proof of financial responsibility, such as a Certificate of Insurance (SR-22) from an insurance agent.

Step 3 - Complete the Restricted License Application

Complete the “Restricted Driver License Application” and submit it to DOL with a check or money order for the IIL Application Fee ($100): in person at any driver licensing office, OR

- by mail to:

Restricted License Department of Licensing PO Box 3907
Seattle, WA 98124-3907

- Online by signing up with License eXpress on the DOL’s website.

Step 4 - Timing is Important

It may take two weeks or longer to receive your IIL; typically they are received the day the suspension or revocation is to begin, so long as the application was received early enough to be processed in that time frame. Please consider this in determining if and when you should apply for an IIL. If you don’t allow enough time for DOL to process the request before your license is suspended/revoked, you will not be permitted to drive AT ALL.

If you drive without the IIL after your license suspension/revocation has taken effect, you may be charged with the crime of Driving While License Suspended or Revoked, resulting in incarceration or bail for the current offense if you’ve violated the court’s conditions of release, an additional criminal conviction, as well as an additional year of license revocation added to the current suspension or revocation.

Employer Exemption for Ignition Interlock License (IIL)

When driving with an IIL, you are required to maintain an Ignition Interlock Device (IID) in all vehicles you operate, with specific exceptions:

Employer-Owned Vehicles:

You do not need an IID in vehicles owned or maintained by your employer if you drive these vehicles for work purposes.
The exemption does not apply if the vehicle is used solely for commuting to and from work and home.

Obtaining the Employer Exemption

1. Employer Declaration:

Your employer must complete and sign the “Employer Declaration for Ignition Interlock Exemption” Form.
Submit this signed form to the Department of Licensing (DOL).

2. Requirements for Eligibility:

You must have an IID installed in your personal vehicle.
Keep a copy of the signed employer declaration with your IIL.

Limitations

Commercial Vehicles:

The exemption does not apply to commercial motor vehicles.
You cannot drive commercial vehicles with an IIL, and no exemption is available for these vehicles.

Questions To Ask a DUI Lawyer

Are you a leader in DUI Defense?

Our firm is a clear leader in the DUI field, known nationwide for DUI defense. Our President, Linda M. Callahan, is consistently invited to speak at legal conferences and is the author of the acclaimed Washington DUI Practice Manual. In addition, she teaches other attorneys how to defend these difficult cases effectively.

What percentage of your case load are DUI's?

As your defense attorneys, we stand ready to fight for you inside and outside of the courtroom. At Callahan Law, P.S., Inc., 98% of our caseload consists of DUI defense. We are prepared to take every client’s case to trial, which makes us stronger negotiators.

Have you had advanced training in breath testing machines?

All lawyers in the firm understand the science of infrared spectroscopy-employed breath testing. We own a breath test machine and use it in trials to help jurors understand the mechanics and science of breath testing as well as potential issues that may cause false-positive results.

Do you have advanced training in blood analysis methods?

Due to her special training at Axion Labs in Chicago, Ms. Callahan possesses extensive knowledge of blood analysis methods, including gas chromatography. She has studied phlebotomy to learn what can go wrong in forensic blood draws and has written a chapter on blood evidence in her book. This valuable strategic knowledge has been a critically important part of obtaining the best results for clients.

Do you have advanced training in blood analysis methods?

Are you certified in field sobriety testing?

Our lawyers are well-trained in the limitations and proper administration of field sobriety tests and, therefore, know when officers err in giving instructions. Ms. Callahan is certified to administer these tests, having been trained by NHTSA-certified instructors.

Reinstating your license after suspension

At the end of your license suspension or revocation period, you must reinstate your license to have the privilege to drive again. Until your license is reinstated, you face potential criminal liability for driving; adding at least an additional year onto your current suspension or revocation.

Even if the period of your suspension or revocation is over, you can still be arrested and charged with driving while your license is suspended or revoked if you have not reinstated it.
If you are unsure of the current status of your driving license or about what incident(s) have been reported on your driving record, you can request a copy of the record from DOL.
To reinstate your license, you will be required to have (SR22) insurance. This requirement is ongoing for the next three years after you became eligible to reinstate your license.
You will also need to pay the standard licensing fees as well as a reinstatement fee.

Conclusion

Navigating a DUI license suspension in Washington State can be challenging, but understanding your options and following the correct steps can help you regain your driving privileges. Whether you apply for an Ignition Interlock License or explore other alternatives, staying informed and compliant with the state’s requirements is crucial. By taking the necessary actions, you can ensure that you remain on the road legally and safely. Remember, consulting with a knowledgeable DUI lawyer can provide valuable assistance and support throughout this process. Stay proactive, and take control of your driving future.