
When you are charged with DUI in the State of Washington you face sanctions from both the courts and DOL. DOL hearing officers, the prosecutors and the officers are not going to present your side of the story. The sanctions you face, losing your license, freedom and more, can be severe. The stress, frustration, and embarrassment can be difficult to deal with. To make matters worse; beyond the personal effects, a person facing DUI charges faces sanctions from two independent bodies:
WASHINGTON DEPARTMENT OF LICENSING: the administrative body that oversees your privilege to drive. Most people understand that DOL can suspend their license because of a DUI conviction. What many people do not know is that DOL can (and will) take away your license for months or, in some cases, years before you are even formally charged with a DUI. DOL can also require you to obtain high risk insurance, an interlock ignition device (“blow ‘n’ go”), or other requirements. You have a limited time to contest these actions. DO NOT MISS THE DEADLINES OR YOU WILL WAIVE YOUR RIGHT TO A HEARING and DOL will suspend your license.
CRIMINAL COURTS: the judicial body that hears the criminal charges. alcohol or drug treatment, attend a DUI Victim’s Panel, abstain from alcohol and more. A conviction for DUI will affect your ability to travel to Canada and can also preclude your from relocating to other states. A negative outcome in court can also have additional affects on your license.
A holistic approach to DUI defense. While I will represent clients at DOL hearings or on the criminal charges only I don’t recommend or encourage this approach. Both process can have severe consequences and addressing one problem doesn’t help you much if you don’t address the other. Moreover the DOL process-conducting investigation; filing legal motions; and obtaining witness testimony on the record-can be used to set the stage for the criminal case. Beyond this your attorney should guide you through the process and be there for you should any issues arise after the case is settled.
Important deadline. You have 20 days from the date of arrest to request a DOL hearing. If you miss this date you will not get a hearing and you lose all rights to request any license suspension.