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Losing your license is often the fastest consequence of a DUI arrest, and the hearing-request window can be as short as seven days after notice. We handle these hearings alongside your criminal case.
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| Step | Detail |
|---|---|
| Breath test or refusal | Request within 7 days after the officer serves the DOL notice |
| Blood test | Request within 7 days after receiving the DOL's later mailed notice |
| Hearing fee | $375; an indigency waiver is available |
| Hearing scheduling | Within 30 days, excluding weekends and legal holidays, after DOL receives the request |
| Suspension length if you lose or do not request a hearing | 90 days or 1 year, depending on the circumstances |
The Washington Department of Licensing action is separate from your criminal DUI case. In a breath-test or refusal case, the seven-day period to request a hearing begins when the officer serves the DOL notice. In a blood-test case, DOL generally mails notice after blood testing is completed and the department receives the results, which can take more than a year because of crime-lab delays.
The seven-day period then begins when that later mailed notice is received. If an officer hands a driver notice at the hospital in a blood-test case, that does not begin the seven-day period. Requesting a hearing costs $375, and an indigency waiver is available.
If you either don't request a hearing or lose the hearing, your license can be suspended for either 90 days or 1 year, depending on the circumstances of your DUI case. In a breath-test or refusal case, use the notice served by the officer to request the hearing within seven days. In a blood-test case, use the later notice mailed by DOL after it receives the completed test results, and request the hearing within seven days after receiving that mailed notice.
Because the applicable seven-day window is short, act promptly once the notice that starts the deadline is served or received.
Once you've requested the hearing, the Department of Licensing will either contact you or your criminal attorney, if you hired one. You will receive copies of the police reports that are proposed exhibits in the administrative hearing to follow. You can then prepare your own evidence, subpoena witnesses and prepare briefing for the hearing.
The hearing must be scheduled within 30 days, excluding weekends and legal holidays, after DOL receives the request. On the date of the hearing, an administrative law judge will call you or your attorney. The Department of Licensing bears the burden of proving that you drove a motor vehicle, that the police officer had a reasonable basis to stop you and to arrest you for DUI, and that your BAC was above a 0.08% (or that you refused the test).
Although that seems simple to accomplish, there are a variety of ways that the hearings can be won if simple mistakes were made. A DUI lawyer can help you decide whether you have a good shot at winning your hearing.
Contact us
Free consultation. Available 24/7. We quote a flat fee up front and offer payment plans on most cases. The number we quote is the number you pay, no matter how many hearings your case takes.
Cases we handle
Mandatory jail, fines, and license suspension apply even to a first arrest. We fight for a reduction whenever the facts support one.
Learn more about First Offense DUI
Most DUI charges carry up to 364 days in jail. We build a defense around every stage of the case, not just the arrest.
Learn more about DUI Misdemeanor
Multiple prior convictions can turn a DUI into a felony. We look hard at whether every prior conviction actually holds up.
Learn more about DUI Felony
A path to a full dismissal for qualifying cases, in exchange for a serious, multi-year treatment commitment.
Learn more about Deferred Prosecution
Refusing carries its own penalties, but it can also weaken the state's case at trial. We help clients weigh both sides.
Learn more about DUI Breath Test Refusals4.9 star reviews based on 110+ reviews
FAQ
In a breath-test or refusal case, you have seven days after the officer serves the DOL notice. In a blood-test case, you have seven days after receiving the later notice mailed by DOL once it has received the completed blood-test results.
No. In a blood-test case, notice handed to you by an officer at the hospital does not start the seven-day period. The deadline begins with the later notice DOL mails after it receives the completed blood-test results.
No. The Department of Licensing suspension is a separate administrative action that moves on its own timeline, independent of the criminal charge. You can win one and lose the other, which is why both need to be handled from the start.
In many cases you can apply for an ignition interlock driver's license, which lets you keep driving with an approved interlock device installed and proper insurance. Eligibility and requirements depend on your circumstances, so it is worth asking an attorney about your options right away.
Contact us
Free consultation. Available 24/7. We quote a flat fee up front and offer payment plans on most cases. The number we quote is the number you pay, no matter how many hearings your case takes.