DUI Administrative Penalties

Washington DUI/DWI drunk driving administrative/DOL penalties. The following are the DUI administrative/Department of Licensing (DOL) penalties for Washington state. If you have been arrested or charged with a DUI in Seattle, Bellevue, Everett, Redmond, Kent, Federal Way, Tacoma, SeaTac, Fife, Auburn, Olympia, Port Orchard, Gig Harbor, Bremerton or anywhere in King, Pierce, Snohomish, Thurston, Skagit, and Kitsap counties or anywhere in Washington these penalties apply:

As mentioned above, along with the criminal penalties associated with a driving under the influence (DUI)/DWI, or drunk driving charge, there are also administrative penalties that exist separate from the criminal matter. When a driver is arrested/cited for driving under the influence (DUI)/DWI, or drunk driving or Physical Control charge, the law enforcement officer should give them a Department of Licensing Hearing request Form. This form allows a driver to request a hearing to challenge the revocation of their privilege to drive through the administrative proceedings of the Department of Licensing.

The driver must request the hearing to challenge the department’s suspension action. If a hearing is not requested, the Department of Licensing (DOL) will automatically take action suspending the driver’s license. The request for the hearing must be made in writing within 20 days from the time of the incident and requires the payment of a $200.00. If the request is not made within 20 days of the incident, the department of licensing will suspend your license on the 60th day from the incident/arrest. You will receive a notice in the mail from the department of licensing of this suspension date even if you have requested a hearing. This letter is sent as standard procedure by the DOL. If a hearing has been requested within the 20 days, the department will not suspend your license until the outcome of the hearing. You will receive a notice of the date and time of the administrative hearing from the DOL as well as a copy of the incident report the arresting officer submitted to the DOL.

If you hire an attorney and put his or her name on the hearing request form, your lawyer will receive notice as well as the police reports. Administrative rules state that a DOL request must be made within 20 days of the arrest and that the DOL must have the hearing within 60 days of the arrest. This means that many times the DOL hearing will take place well before any criminal disposition is entered in court.

The DOL and the court act independently of each other with regard to license suspensions. This means that it is possible you may lose your license at the DOL hearing even though you are found not guilty at trial or you plead guilty to a lesser charge which does not carry a mandatory license suspension. In these cases, your victory at trial or plea to a lesser charge will not negate the license suspension imposed by the DOL as a result of losing the DOL hearing. If you have been charged with driving under the influence (DUI)/DWI or drunk driving, call Mick today at (206) 228-5767 for a free consultation from an experienced, aggressive, and affordable Seattle, Tacoma, and Western Washington criminal defense/DUI/DWI lawyer for more information regarding administrative hearings and the driving under the influence (DUI)/DWI or drunk driving laws, the DUI administrative process, and criminal law.

The DOL Administrative Penalties

First DOL Suspension Within 7 Years

• Breath or Blood Alcohol at or above .08: 90 day license suspension (can be stayed by the entry of a deferred prosecution)
• Refusal: One year license suspension (cannot be stayed by the entry of a deferred prosecution).

Second DOL Suspension Within 7 Years

• Breath or Blood Alcohol content at or above .08: Two year license suspension (can be stayed by the entry of a deferred prosecution)
• Refusal: Two year license suspension (cannot be stayed by the entry of a deferred prosecution).