The Basics of a DUI DOL Hearing
In addition to the criminal penalties with the court, there is a license suspension with the DOL for the arrest. On this page, we will provide information about DOL hearings for your DUI arrest.
What is the procedure during these hearings?
After a DUI arrest, the arresting officer will usually “punch” their driver’s license. The officer will also provide the driver with a form to contest the license suspension. The driver has to mail the form to the Department of Licensing (DOL) with 7 days of the arrest. The driver will have to include a check for $375 for the hearing fee. If the driver fails to properly request a DUI DOL hearing, the driver waives his or her opportunity for the hearing. If that is the case, the license suspension will begin automatically 30 days after the arrest.
By requesting a hearing, the driver also “tolls” the license suspension. The “toll” is until the actual hearing and a written order of suspension.
After the DOL receives the driver’s contested hearing request, it will assign a hearing officer and set a hearing date. The driver or their attorney will receive a copy of the evidence. This may consist of a police report. It may contain other documents pertaining to the BAC machine. After the Department of Licensing schedules a hearing, the DOL may continue or rescheduled the hearing at the discretion of the hearing officer.
The DOL conducts contested hearings over the phone. The hearing officer will call the driver, their attorney, and the arresting officer (if the driver subpoenas the arresting officer). Next, the hearing officer will notify parties that the hearing is being recorded and will swear in all witnesses. Lastly, he or she will listen to arguments and evidence presented by the driver’s attorney and listen to the testimony of any other witnesses.
After the hearing, the examining officer will review the evidence presented at and will make a decision about the suspension or revocation of the petitioner’s license. The decision may take up to 6 weeks from the date of the hearing. The petitioner’s driver’s license remains valid until hearing officer makes a decision.
For questions not answered here or for more information, please call our firm to speak to a DUI attorney at (206) 771-4343
Failure to Request a Hearing with the DOL
You have 7 days from the date of the arrest to request a hearing with the Department of Licensing. Otherwise, if you fail to timely request a hearing, your license will be automatically suspended on the 30th day following your arrest.
You will likely receive a letter from the Department of Licensing with the notice of the license suspension and the date the suspension will be effective and when you will be eligible to reinstate your license.
If you have any further questions, please be sure to speak to our DUI attorneys at (206) 771-4343
The Cost of the Hearing
The administrative fee for DUI hearing with the Department of Licensing is $375. You must pay this fee at the same time when you are making this request.
The Department of Licensing may allow you to waive the $375 hearing fee if your household income is below a certain threshold. Please check with the DOL regarding the additional forms to fill out to apply for the hearing waiver.
7-Day Rule and the DUI DOL Hearing
You only have 7 days from the time of your arrest to request a hearing with the Department of Licensing to challenge the suspension of your license. Some people facing DUI don’t realize that the 7-days includes weekends and holidays. We generally recommend speaking to a DUI Attorney before mailing your hearing request form to the DOL. Our firm prefers to mail the request form ourselves to make sure that everything is done correctly. Not that we don’t trust you, but after handling countless DUI DOL hearings, we are probably know “a thing or two” about the forms.
Contact our firm should you have any questions about the DOL forms. You can reach us at (206) 771-4343
Department of Licensing Rulings
The DOL administrative decisions usually take about 30 days. There are certain exceptions, but a 30-day rule of thumb is usually pretty accurate. The hearing officer’s decision is typically in writing. If the Department of Licensing rules in your favor, the DOL will cancel the suspension of you license. If the Department rules against you, the notice will include the date and time of when your license suspension will take effect. You must stop driving at that time unless you apply for a “special” license to allow you to drive during the suspension period.
Don’t hesitate to speak to our attorneys about your DUI and the license suspension. Contact us at (206) 771-4343