The Ultimate Guide to DUI License Suspensions in Washington State
02
Drive During the Suspension
You can drive legally by applying for the Ignition Interlock License.
03
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.
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.
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 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
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.
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.
No. The DOL puts a “stay” or a hold on the automatic suspension if you apply for the hearing within the 7 days. You will be allowed to drive legally until the hearing is held and a decision is made by the DOL.
If you have been arrested on suspicion of Driving Under the Influence (DUI) and it was determined that:
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. In fact, 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.
For Persons accused of DUI or Physical Control
For Persons accused of DUI Under the Age of 21
DUI Case Results
**Updated 08/03/2023**
Contact Our Team Today – We Can Help Request Your Hearing.
Getting charged with a DUI can lead to severe consequences, including the suspension or even the revocation of your driving license. However, during a Department of Licensing (DOL) hearing, you can contest the suspension and present your case. Think of it as your shot to fight and keep your driving privileges intact.
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.
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.
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.
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.
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.
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.
If you can’t hire us within the seven-day window, you can still request the hearing on your own. Here’s how:
After your arrest, the officer should provide you with a ‘Driver’s Hearing Request’ form. This is your official request for a DOL hearing with the DOL. Fill it out accurately and thoroughly.
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.
Include a check or money order for $375 with your hearing request form. This fee is non-refundable and required to process your request.
Mail the completed form and payment to:
Administrative Law Office Department of Licensing PO Box 9048 Olympia, WA 98507-9048
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.
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, a free online service with the Department of Licensing
Once you have logged in, navigate to the menu on the right under “Driver Information” and click on the “Request a DUI Hearing” link.
Fill out the online form with your personal information.
Pay the $375 hearing fee using a credit or debit card.
Review your information and submit the request.
Telephonic Hearing
At the time scheduled for your telephonic DOL hearing, the hearing officer will call us if we have been hired on your case.
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Evidence-Based Consideration
Issues for the Hearing Officer to decide are:
What Experience Does Callahan Law Offer?
Why Should You Choose Callahan Law?
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.
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:
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.
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.
Another option may be to file a petition for reconsideration of the order with the hearing officer who decided the case. Once you receive the final order, you have 10 days to seek reconsideration. Reconsideration is available if there are item(s) of new evidence or legal argument(s) that:
The hearing officer may issue a new final order or set another supplemental hearing to decide the new issue(s). While the petition for reconsideration is pending, the suspension or revocation will go into effect according to the final order. It will not automatically be stayed. The suspension or revocation remains in effect unless you file a separate request for a stay and the hearing officer grants the request. Whether or not he or she will grant the request depends on whether or not he or she believes the petition for reconsideration is likely to be successful and the action in the final order is likely to be changed. Even if those two requirements are met, the hearing officer will not issue a stay unless he or she decides that denying the stay will cause you irreparable harm.
After the hearing officer decides the issues in the petition for reconsideration, he or she will issue an amended order either denying the petition or amending the original final order. Once you receive the amended order, you have 30 days to appeal it. After that point, you may no longer appeal the original final order to the superior court. A denial of reconsideration cannot be appealed. A petition for reconsideration is not without its risks, and like all options throughout the hearing process, an experienced DUI lawyer can help you make the best decision about whether or not you should pursue it.
You must petition the superior court within 30 days if you wish to appeal the hearing officer’s final order. You are responsible for the cost of obtaining a copy of the DOL hearing record, and of having it transcribed by a certified transcriptionist, so that the superior court may review the record of the hearing. As in a petition for reconsideration, filing an appeal does not automatically stay the suspension or revocation. You may request that the superior court grant a stay. In deciding whether or not to do so, the superior court judge will determine whether or not you are likely to be successful on appeal. Even if it finds that you are likely to be successful, the court will not issue a stay unless it finds that if it denies the stay, you will suffer irreparable injury.
On appeal, the Superior Court will determine if the DOL made any legal errors. The court will only reverse the hearing officer’s decision about whether a fact is true if the decision is not supported by substantial evidence, so appeals are rarely won on the issue of the credibility of the law enforcement officer’s report or testimony. Your lawyer will have the opportunity to submit legal briefs and make oral arguments in court. The superior court will issue a written decision either “affirming” (agreeing with), “reversing” (disagreeing with) or modifying the decision of the hearing officer. The superior court also has the power to send the case back to DOL for another hearing.
There is an obvious incentive to appeal your case to Superior Court, especially if your lawyer believes that the DOL’s decision is not supported by the evidence or the law.
But if you are unsuccessful in defending your license at your DOL hearing and you decide not to appeal your case, you can apply for an Ignition Interlock driver’s license. This will allow you to continue to drive during your suspension or revocation period so long as you keep an Ignition Interlock Device (IID) installed on all of the vehicles you drive (except, in some cases, vehicles you drive in the course of your employment) and meet certain other requirements.
To qualify to request a stay, you must meet three requirements:
The Ignition Interlock License or (IIL) is available for most people who have lost or will lose their license or privilege to drive in WA due to a DOL administrative suspension or revocation based on an arrest. It is also available for most people who will lose their license or privilege to drive in WA due to a court conviction.
Administrative Suspension or Revocation: The following persons may apply for an IIL:
Any person licensed to drive in WA, or who has a valid driver’s license from another state who:
has had or will have his or her license suspended, revoked, or denied administratively,
by reason of an arrest for any offense where, at the time of the arrest, the arresting officer had reasonable grounds to believe the person had been driving under the influence or
was in violation of RCW 46.61.503 (Driver Under 21 Consuming Alcohol or Marijuana)
The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue an ignition interlock driver’s license.
A person who does not have a WA driver’s license but who would otherwise be eligible to apply for an ignition interlock license may submit an application to the department. The department may require the person to take any driver’s licensing examination and meet certain other requirements.
Conviction-Related Suspension or Revocation: The following persons may also apply:
Any person licensed to drive in WA, or who has a valid driver’s license from another state who has been convicted in court of:
A violation of RCW 46.61.502 (DUI) or
CW 46.61.504 (Physical Control) or
an equivalent local or out-of-state statute or ordinance or
Any person who is licensed to drive in WA, who is convicted of RCW 46.61.500
(Reckless Driving) when the charge was originally filed as a violation of RCW 46.61.502
(DUI) or RCW 46.61.504 (Physical Control) or an equivalent local ordinance.
Any person who does not have a WA driver’s license but who would otherwise be
Anyone eligible under this section to apply for an ignition interlock license may submit an application to the department. The department may require the person to take any driver’s licensing examination and meet certain other requirements.
However, you will not be eligible if your current suspension or revocation is also due to a violation of Minor in Possession or if you are a Habitual Traffic Offender.
Having an ignition interlock license in WA allows you to:
It’s crucial to remember that adhering to the rules and using the ignition interlock device is not just a requirement but a responsibility. It’s a key part of the process that allows you to regain your driving privileges.
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.
Get proof of financial responsibility, such as a Certificate of Insurance (SR-22) from an insurance agent.
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
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.
While driving with an IIL, you must maintain an interlock device on all vehicles you drive, except employer-owned or maintained vehicles that you drive during work, and not solely to and from work and home.
To obtain the exemption, your employer must sign the “Employer Declaration for Ignition Interlock Exemption” Form. To be eligible for an employer exemption, you must have an IID installed in your personal vehicle and submit the above-linked declaration to DOL as well as keep a copy of the signed employer declaration with your IIL.
You cannot drive a commercial motor vehicle with an IIL; no exemption applies for driving those vehicles.
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.
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.
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