DUI License Suspension Attorney in King County, WA

How to Avoid a DUI License Suspension

If you are stopped for suspected driving under the influence (DUI) in Washington, there are certain things to know. A DUI arrest can be stressful, but there are proper ways to handle it to avoid further legal trouble for yourself or any passengers. If you know your rights and responsibilities ahead of time, it can make a significant difference in your case.

After a person is arrested for a DUI, they face two separate legal processes. The first is the criminal process that can lead to jail, fines, and probation. The second is an administrative process that can take away your right to drive for a set period of time.

If you have been arrested for a DUI, you will face a driver’s license suspension or possible revocation by the Department of Licensing.

Experienced Washington DUI lawyer James Curtis at The Curtis Firm can help with your DUI case. The administrative process can be complicated, but you do not have to handle it alone.

What is the DUI Administrative Process (The DOL Hearing)?

After an arrest for DUI, the law enforcement officer will typically take the suspect to the police station for a breath test. If the driver blows over the legal limit of 0.08% for drivers 21 and older or refuses to take the test, the officer will provide them with a hearing request form.

You are required to request the hearing; it does not happen automatically. Your request for an administrative hearing must be postmarked within 7 days of your arrest, or else you will effectively waive your right to one.

Within a few weeks of your request for a hearing, you will receive a date and time notification for the hearing. If you listed a Washington DUI attorney on the request, they will also receive notice. If you did not list your DUI lawyer, give your lawyer the notification as soon as possible. You will also receive a copy of the police report.

A judge is not in charge of the administrative hearing. Instead, it is a “hearing examiner,” and the entire hearing is conducted over the telephone. This hearing examiner is an employee of the Department of Licensing and is randomly assigned to the case.

What is the Examiner’s Job at an Administrative Hearing?

Instead of a judge, an administrative hearing is overseen by a hearing examiner. The hearing examiner’s job is to resolve four primary issues during the hearing:

Was the arrest lawful and constitutional?
Did the officer who arrested you have reasonable grounds to suspect you were intoxicated while driving or had physical control of the vehicle?
Were you properly advised of your rights and warnings pursuant to Washington’s implied consent law?
Did you refuse the test, or did your test show a result over the applicable legal limit?

These are the only four things the hearing examiner must determine to move the administrative process forward. Unlike a criminal case, the “beyond a reasonable doubt” standard does not apply to the evidence, while a mere “preponderance of the evidence” standard applies. A preponderance of the evidence means that if the examiner believes the factors are more likely than not to be true, they can find the issues satisfied.

Who Testifies at the Hearing?

Unless the driver requests it, the arresting officer is not required to testify at the administrative hearing unless they are subpoenaed. In most instances, the Hearing Examiner will consider the officer’s written report as the state’s “testimony.”

Your attorney has the right to subpoena the arresting officer if they wish to cross-examine them. If your attorney chooses to compel the officer to testify, they must issue a subpoena at least five business days before the hearing, with it being first approved and signed by the Hearing Examiner.

You are also allowed to testify at the hearing, but most experienced Seattle DUI attorneys do not recommend that their clients do so without an attorney on the call with you. If you testify, you will be under oath and on the record, and you risk incriminating yourself and jeopardizing your case. You could easily prove the case against yourself or admit into evidence what has not yet been proven. In fact, you do not even have to be on the phone call. Your attorney will act as your legal advocate and handle the matter independently.

How Does the Hearing Examiner Make Their DUI Administrative Decision?

Once the evidence is presented, the hearing examiner can make a decision. A decision can happen right away, but most hearing examiners take the matter “under advisement.” They will then issue the decision within a few days, weeks, or months via email. Although the process can take several months for complex issues, most cases are decided within 5 to 10 business days.

During this time, the defendant may legally drive unless his or her license is suspended or revoked through a separate process.

If the hearing examiner finds that the four questions are answered in the affirmative, your license will be suspended. If the Hearing Examiner has decided that your license should be suspended, the notice will include the date that the suspension will begin. In most cases, a license suspension does not go into effect until about 15 to 30 days after you receive the notice.

What are Washington State DUI Administrative Penalties?

The DUI penalties depend on a variety of factors, including whether you refused the test or have had a prior administrative driver’s license suspension.

90-Day Driver’s License Suspension

If you blew over the legal limit, and you have had no prior DUI administrative suspensions, your driver’s license will be suspended for 90 days. The legal limits for a BAC (blood alcohol concentration) include:

0.08% BAC for drivers aged 21 and over
0.04% BAC for commercial drivers
0.02% BAC for drivers under the age of 21 (underage DUI)

During a 90-day suspension, you can apply for an ignition interlock device (IID), which tests your breath for alcohol and will not allow the vehicle to start if it detects a certain level. You will not be able to drive without proof that you have obtained the device. You will also have to file proof of SR-22 “high risk” insurance before you can operate a motor vehicle.

1-Year Driver’s License Suspension

If you refuse to take a breath test and have no prior DUI administrative suspensions, your driver’s license will be suspended for one year. The same requirements for an ignition interlock device and SR-22 “high risk” insurance apply to a one-year suspension.

2-Year Driver’s License Suspension

If a person has a second administrative DUI suspension within seven years, their driver’s license will be revoked for two years. The same requirements for an ignition interlock device and SR-22 “high risk” insurance apply to a two-year suspension.

SR-22 “High Risk” Insurance

SR-22 “high-risk” insurance is required of any driver who poses a risk to the safety of the community. Under Washington law, this includes those accused of a DUI. The premiums are higher, and you are required to add this type of insurance to your vehicle for 3 years after an administrative suspension.

Can I Appeal a Washington State Administrative License Suspension?

If your license is suspended after the administrative hearing takes place, you have the right to appeal the decision to the Superior Court. You must file the Notice of Appeal in the county where the arrest took place within 30 days of the final order being issued.

Your attorney can help you file the appeal and serve the Department of Licensing with a copy. You will also be required to pay any applicable fees. Filing an appeal does not prevent the suspension from going into effect. You must also file a separate motion with the Superior Court to obtain a stay on the suspension, demonstrating that you will suffer irreparable harm and are likely to win your appeal.

If you wish to pursue an appeal, it is recommended that you hire an experienced attorney to assist you. DUI laws can be overly complex and require the help of a knowledgeable attorney. Your attorney can provide the skilled legal representation you need to navigate the appeals process and protect your driving privileges successfully.

What is the Difference Between an Administrative Hearing and My Criminal DUI Case?

A frequent question many clients ask concerns the difference between an administrative hearing and their criminal case. Although a criminal defense lawyer can handle both, they are two separate processes that occur simultaneously.

The administrative hearing is handled by the Department of Licensing (DOL) and only addresses your driving privileges. The DOL hearing generally takes place within 30 days of your DUI arrest, whereas your criminal DUI case could take several months to be resolved. The administrative hearing is overseen by a Hearing Examiner who assesses the evidence to make a decision. The burden of proof for administrative proceedings is much lower than in criminal proceedings, which requires proof beyond a reasonable doubt.

Conversely, your DUI case is handled in criminal court to determine guilt. If convicted, you could be sentenced to serve jail or prison time, or in some instances, ordered to serve probation. A district or municipal court judge hears the case. If your case goes to trial, it can be decided by a jury, usually composed of six people, or by a judge in a bench trial. Of course, at any point, your attorney may be able to reach a plea deal with the prosecutor to reduce the charges.

The outcomes of each legal process can be independent of one another. For example, even if you are not convicted in criminal court, your license can still be suspended by the DOL.

Do I Need a Washington DUI Defense Attorney?

Hiring a knowledgeable DUI attorney is the best way to protect yourself against the harsh penalties associated with an administrative suspension. The importance of having an attorney cannot be overemphasized because the Department of Licensing can take your license even when your DUI charges were dropped or you were acquitted of the charge.

Without experienced help, you may fall victim to an overzealous or careless hearing officer. Hiring an experienced attorney is the most effective way to manage the administrative hearing and your criminal case, which can have independent outcomes.

If you have a CDL license, a suspension can be particularly harmful as it could impede your ability to make a living.

The costs of losing your license, installing an ignition interlock device, and purchasing high-risk insurance can add up. You can save the money and frustration of losing your license by challenging the administrative suspension with the help of an attorney.

Contact Our Skilled DUI Defense Lawyers

If you or someone you care about has been arrested for DUI in Washington, you need an experienced DUI attorney to defend your case and protect your constitutional rights. Losing your driver’s license can negatively impact your ability to go to and from work, school, and run day-to-day errands. After a DUI arrest, you have enough to worry about without the added concern that you will not be able to drive until your criminal case is resolved.

You don’t have to fight a possible license suspension on your own. Instead, turn to our experienced DUI defense attorney, James Curtis at The Curtis Firm, who can help with your criminal case. If we agree to take your case, we will craft a strong defense strategy to help you keep your driver’s license.