**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.**
DUI License Suspension and DOL Hearings
DUI DOL Hearing – Most of us have lives that would be greatly affected by the loss of our right to drive. If you can’t drive, simple acts, like getting to work, taking your children to school, or going to the grocery store would become incredibly difficult. If you have received notice that the Washington State Department of Licensing (DOL) intends to suspend, revoke, disqualify, or cancel your driver’s license, Callahan Law, P.S., Inc. can fight to help you keep your right to drive.
While DUI DOL Hearings are not considered criminal and do not come with the right to a public defender, drivers do have the right to hire an attorney of their choice to handle a DUI DOL Hearing and to serve as their voice in the process. No matter what the underlying reason is for the DOL’s potential action against your license, a knowledgeable Washington DUI attorney can greatly improve your chances of presenting a successful defense.
If you were accused of driving under the influence, it is crucial you contact an experienced Washington DUI defense lawyer from Callahan Law, P.S., Inc. right away.
Time limits apply!
We can safeguard your future and rights!
License Suspension: Understanding Your Rights
Depending on the reason for the proposed action, you have the right to an interview or a hearing to challenge the loss of your license for a limited amount of time. This is because once you have obtained a driver’s license, the Constitution limits DOL’s ability to revoke it, even temporarily. DOL cannot deprive you of your license without first providing you with notice and the opportunity to defend yourself. In other words, you have the right to have a hearing examiner assess your situation and decide whether you should maintain your license.
DOL interviews and hearings have a reputation of being difficult to win. This is because there is a lower threshold for the proof and for the admission of evidence than in a court case. In addition, there is the challenge of going up against the vast resources of a large government agency. However, it is important that you take advantage of your constitutional right to be heard. In most cases, the interview and hearing are your best chances of keeping your driving privileges. If you do not avail yourself of the opportunity, DOL will advance with the suspension, revocation, disqualification, or cancellation. It will assume that all the facts are true and that the action is legal, whether it be a brief suspension or a lifetime disqualification.
DOL may threaten to take away a person’s privilege to drive for many reasons. You will find information about the most common of these reasons, including DUI, habitual traffic offender, the interest of safety, employer drug tests, fraud, financial responsibility, and medical and vision cancellation by exploring our website. To learn more about your specific situation and options, contact a Washington DUI defense lawyer at Callahan Law, P.S., Inc. anytime for a free case evaluation.
If you have been arrested for driving while impaired in Washington and submitted to a test that determined you were over the legal limit of alcohol or marijuana, or if you refused to take a breath test, your license will be subject to administrative suspension or revocation on the 60th day following your arrest, for a period of time, the length of which length depends on several factors. In fact, the Washington State Department of Licensing will revoke or suspend your driver’s license even if your DUI criminal charge is not filed or dismissed. Depending on whether you took the test or not, and whether not you have prior incidents, the period of the revocation may be very lengthy.
It is important to note that you have only 20 days from the date of your DUI arrest to request a hearing with the Department of Licensing (DOL). After these 20 days, you will automatically lose your right to request a hearing. Sixty days from the date of your arrest, you may lose your license, if the officer submitted a report to DOL. Even if the court appointed a public defender to represent you in your criminal case, you will not have an attorney appointed by any court to represent you against the Department of Licensing (DOL). If you want to fight DOL, call Callahan Law, P.S., Inc. now, and we can help you request a hearing and represent you at the DOL hearing.
Why is it Important to Secure Legal Representation?
DOL hearings are nearly impossible to win without the assistance of an attorney or the knowledge of technical requirements. You may think your situation will cause the DOL to give you an exception because of the extreme difficulty a suspension or revocation would pose to you and your family. However, lack of criminal history, medical hardships, or a lack of community transportation services have no impact on your ability to keep your driver’s license. When it comes to the DOL, there are no negotiations or reductions that affect this decision. For this reason, the hearing is the most pivotal point that determines whether you can retain your license. Because the hearing is such an important part of the defense process, it is crucial you request assistance from a highly skilled Washington DUI defense lawyer immediately.
Read our blog about How to win a DOL Hearing
How long are DUI DOL Suspensions?
The current DOL suspension and revocation periods are:
For persons accused of Driver Under 21 Consuming Alcohol, Marijuana or any Drug:
- 90-day administrative suspension for the first offense, where an officer reports to DOL that the under-aged person was driving or in physical control of a vehicle after consuming alcohol or marijuana or any drug, and blood test show any marijuana or alcohol above .02, or a breath test shows alcohol above .02.
- One-year administrative revocation suspension for the first offense, where an officer reports to 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 test.
- Two-year administrative revocation (or until age 21, whichever is greater) if it is the second (or subsequent) offense where an officer reports to DOL that the under-aged person was driving or in physical control of a vehicle after consuming alcohol or marijuana or any drug, and blood test shows any marijuana or alcohol above .02, or a breath test shows alcohol above .02, or the person refused to submit to a breath test.
For persons accused of Driving Under the Influence or Physical Control:
- 90-day administrative suspension if you took the test and BAC result was .08 or higher, or THC result was 5 nanograms or higher, and this is the first incident within 7 years.
- One-year revocation if you refused to submit to the test, and this is the first incident within 7 years.
- Two-year revocation if you took the breath or blood test and this is the 2nd or subsequent incident (DOL has suspended or revoked your license following a DUI or Physical Control arrest within 7 years).
If you are licensed to drive in a state other than Washington, DOL will record the incident on your Washington State driving record and report any resulting suspension or revocation to your home state. Depending upon the law in your home state, this may cause your out-of-state license to be suspended or revoked.
To discuss your case with a seasoned Washington DUI defense attorney, call us today at (206) 866-6739 or complete the form below.