How to Keep Your License After a DUI in Washington State
Getting arrested for a DUI in Washington State can feel overwhelming – and one of the most immediate concerns is whether you’ll lose your driver’s license. For many people, losing your driving privileges can disrupt your job, family responsibilities, and daily life.
What most people don’t realize is that you only have 7 days after your DUI arrest to request a hearing with the Department of Licensing (DOL) to challenge your license suspension. If you don’t act within this critical window of time, your driving privileges may be automatically revoked, making an already stressful situation even more difficult.
Navigating the DOL hearing process requires a clear understanding of the law and strong preparation. The good news is that you don’t have to face the hearing alone. An experienced DUI lawyer will help protect your rights. Your defense attorney can guide you through the DOL hearing process and pursue the best possible outcome.
When Do They Suspend Your License After a DUI in WA?
After a DUI arrest in Washington State, you have just seven days to request a hearing with the Department of Licensing (DOL) to contest the suspension of your driver’s license.
This is a strict deadline! If you fail to submit your request within the 7-day deadline, your license will be automatically suspended based on the DUI Sentencing Grid, which could range from 90 days to multiple years. How long they suspend your license is separate from any penalties you may face in criminal court, even if your criminal charges are later dismissed or reduced.
How to Request a DOL Hearing After a DUI Arrest
Given the strict timeline, taking immediate action after your arrest is essential.
- Submit a Hearing Request Form – This form must be sent to the DOL along with the required fee. If you cannot afford the fee, you must act quickly to apply for a fee waiver.
- Ensure Timely Delivery – Your request must be postmarked or submitted online within 7 days of your arrest. There are no exceptions for missing this deadline.
- Prepare for Your Case – Once you’ve scheduled your hearing, you’ll need to gather evidence and understand the arguments that could help you keep your license.
A Washington DUI attorney can ensure that your hearing request is properly filed and help prepare to challenge your license suspension.
What to Expect During the DOL Hearing Process
A DOL hearing is an administrative proceeding that is not a criminal court case. However, the outcome of your DOL hearing can still significantly impact your ability to drive.
Unlike a criminal trial, there’s no jury in a DOL hearing. Instead, an administrative hearing officer will review your case and decide whether or not your license will be suspended.
During your DOL hearing, the officer will evaluate the following key issues:
- Whether the arresting officer had reasonable grounds to pull you over,
- Whether there was probable cause to believe you were driving under the influence,
- Whether you refused a breath test or if your test results showed a blood alcohol concentration (BAC) of 0.08% or higher (or 0.02% for drivers under 21), and
- Whether the arresting officer properly informed you of the implied consent law in Washington and the consequences of refusing a test.
Your hearing will typically be held over the phone or via video conferencing rather than in person. The arresting officer may submit a report but rarely testifies unless you issue a subpoena for the officer to testify.
During your hearing, a defense attorney can help your case by presenting evidence, questioning witnesses, and arguing against a suspension on your behalf. The hearing officer will review the evidence and issue a written decision, usually within a month.
How Long do You Lose Your License for DUI?
Your DOL hearing is your chance to challenge the suspension of your driver’s license. The outcome will depend on the evidence you’ve presented and the hearing officer’s decision.
License Suspension Upheld
If the hearing officer rules against you, your license suspension will go into effect. The length of the suspension will depend on your BAC level, prior offenses, and whether you refused testing.
- First-Time DUI Offense – You can face a minimum of 90 days if you took a breath test and failed, or a minimum of 1 year if you refused the test.
- Second or Subsequent Offenses – Your suspension could last from 2-4 years, depending on your prior DUI convictions or refusals.
- For Underage Drivers (Under 21 Years Old) – Underage DUI penalties are more severe, with a minimum suspension of 90 days for a BAC of 0.02% or higher.
Losing your license can create major difficulties in your daily life, including challenges getting to and from work, school, or other important appointments. You may also face increased transportation costs for rideshares, taxis, or public transit. In addition, you may face potential consequences for your professional licenses or employment if your job requires driving.
In most cases, you can get an ignition interlock license that allows you to drive under specific conditions, such as with an ignition interlock device (IID) in your vehicle.
License Suspension Overturned
If the hearing officer finds that law enforcement didn’t follow proper procedures or that the evidence against you is insufficient, your driving privileges may be restored.
What happens next? If your license is reinstated, you do not need to take further action with the DOL. However, this decision does not affect your criminal DUI case, which will be handled separately in court. If you end up getting convicted of a DUI in court, you may still face a license suspension through Washington’s criminal justice system rather than the DOL.
Given the serious consequences of a license suspension, preparing for your hearing with strong legal representation can significantly improve your chances of a favorable outcome.
What if I Missed the Deadline to Request a DOL Hearing?
If you fail to request a DOL hearing within 7 days of your DUI arrest, your license will be automatically suspended without the chance to challenge the suspension.
Unfortunately, this is a strict deadline. However, even if you miss the hearing deadline and your license gets suspended, you may still have options:
- Ignition Interlock Devices (IID)—You can drive only if your vehicle has an ignition interlock device installed. You will also need to pay a $100 fee and have proof of a special kind of insurance (SR-22).
- Work Vehicle Exemption—This exemption allows certain drivers to use a company vehicle for work even if their personal vehicle has an ignition interlock device (IID) installed. To qualify, the driver must have an IID in their personal vehicle and complete a form that their employer must sign. This exemption only applies to employer-owned vehicles that the driver uses for work, not for personal commuting. To apply, the driver must submit the form to the Department of Licensing (DOL) and keep a copy while driving the company vehicle.
Many people in Washington don’t realize they only have 7 days to request a DOL hearing after a DUI, especially if they weren’t properly informed at the time of their arrest. While there are no formal extensions for missing the deadline, you can explore any remaining legal options by contacting an attorney as soon as possible to minimize the impact of your suspension.
Because the consequences of missing this deadline are so severe, taking immediate action after a DUI arrest is essential. Contact Garguile DUI & Traffic Lawyers now to get you through this process with a strong defense.
