What do I do with the paperwork that I was given at the police station?

Bring this paperwork to your free consultation at Valdez | Malcolm.

If you’ve been arrested for DUI you have 20 days from the date of arrest to mail a Request for an Administrative Hearing to the Department of Licensing (DOL). The DOL requires a $200 application fee to contest the suspension or revocation of your license.

It is important to consult with an experienced DUI lawyer prior to this 20 day deadline so that you are equipped with every possible advantage in contesting the suspension of your driver’s license.

Once the DOL receives your hearing request it will mail you a letter that provides the date and time your hearing has been scheduled. The administrative hearing is done by phone and is often handled entirely by your attorney. Sometimes, your lawyer will advise you to give testimony at this hearing and sometimes your lawyer will subpoena the arresting officer.

What issues will be considered at a DOL hearing?

The DOL assigns a hearing officer to conduct your administrative hearing. This hearing officer will only consider the following issues when deciding whether or not to suspend or revoke your driving privilege:

• Whether you were lawfully placed under arrest.
• Whether the officer had reasonable grounds to believe any of the following:
  • You were driving or were in actual physical control of a motor vehicle while under the influence of alcohol or drugs.
  • You were under the age of 21 years and were driving or in actual physical control of a motor vehicle after consuming alcohol.
• Whether you were advised of the Implied Consent Warnings.
• Whether you refused the breath or blood test.
• Whether the breath or blood test exceeded the legal limits:
  • .08 or more if over age 21,
  • .02 or more if under age 21.
  • .04 or more if driving a commercial vehicle.
• Whether the breath or blood test was administered according to the law and Washington State Toxicologist Rules.

Valdez | Malcolm has an excellent success rate in DOL hearings so schedule your consultation today!

More information on this administrative hearing can be found at the DOL's website.

If my license gets suspended is there any way I can still drive?

Yes!* You may get and Ignition Interlock License (IIL) that will allow you to drive anywhere at any time of day as long as you have an Ignition Interlock Device installed in your vehicle.

Valdez | Malcolm advises its clients to wait to apply for this license until after they have had their administrative hearing. The DOL requires an application fee of $100 for an IIL and you will need to provide the DOL proof that you have obtained SR22 Insurance.

The IIL application is available on the DOL website here.

*If you have been convicted of Vehicular Homicide or Vehicular Assault within the seven years preceding the current incident you will be denied an IIL. RCW 46.20.285(2)(a).

Do I need an ignition interlock on my work vehicle?

No, it is not necessary on "vehicles owned by a person's employer and driven as a requirement of employment during working hours." RCW 46.20.385(1)(c)(i). You will be required to submit a declaration from your employer stating that "your employment requires you to operate a vehicle owned by the employer during working hours." RCW 46.20.385(1)(c)(i). This declaration form can be found here.

More information can be found at the DOL'S IIL page.

What happens if I violate the terms of the IIL (what if I drink alcohol before blowing into the device)?

It is a criminal offense punishable by up to 6 months in jail and up to a $250 fine. RCW 46.20.410.

I have a Commercial Driver's License. Can I drive a commercial vehicle with an IIL?

No. Unfortunately those with a CDL will not benefit from the IIL. You must still "win" your DOL hearing and avoid a DUI/Physical Control conviction to avoid a CDL disqualification.

If you or a friend has been arrested for DUI call Valdez | Malcolm.

Karlie Valdez
(206) 718-4498 (cell)
.(JavaScript must be enabled to view this email address)

Sean Malcolm
(206) 228-9514 (cell)
.(JavaScript must be enabled to view this email address)