Department Of Licensing.
If you have been arrested for a Washington State DUI, you will also be facing a driver’s license suspension or revocation. Washington State has an “implied consent law”. This means that if you drive in Washington State you are making two promises to the government. First, that you will not refuse to take a breath test if lawfully asked. Second, that if you take a breath test, your alcohol level will not be .08 or higher. If you break either of these promises, it gives the Washington State Department of Licensing authority to suspend or revoke your license. You have a right to challenge this suspension, but the burden is on you to request a hearing. You have 20 days from the date of your arrest to request this hearing. It is crucial that you do not miss this deadline.
Note, the confusing thing for many drivers is that this license suspension happens whether or not you have been charged in court with a Washington State DUI. This means your license may be taken away from you by the Washington State Department of Licensing even if you are never charged with a DUI. While this may not seem fair, courts have repeatedly upheld this law.
You may be wondering if it is worth bothering with this hearing. We say absolutely. It is impossible to tell ahead of time who will win these hearings and who will not. While they are difficult to win and it feels like the deck is stacked against the drivers, many people do win these hearings. The benefits of winning a hearing far outweigh the costs of having a hearing.
If you do not have a form to request the hearing, please click here for the form.