Losing your license is often the fastest consequence of a DUI arrest, and you have as little as 20 days to fight it. We handle these hearings alongside your criminal case.
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| Step | Detail |
|---|---|
| Notice | Given at arrest, separate from your criminal case |
| Deadline to request a hearing | 20 days from the date of arrest |
| Hearing fee | $375, phone hearing |
| Hearing deadline | Must be held within 60 days of arrest |
| Suspension length if you lose or do not request a hearing | 90 days or 1 year, depending on the circumstances |
The Department of Licensing will move to suspend your license if you are charged with a DUI in Washington. The process begins the night of your arrest. Typically the police officer faxes a suspension notice and police report to the Department of Licensing. The officer will also hand you a notice of the suspension. This form notifies you that you only have 20 days to challenge the suspension. This administrative action to suspend your license is different than your criminal case. If you challenge the suspension, you are entitled to a hearing. This hearing is done over the telephone and costs $375. At the hearing, the Department of Licensing will determine whether your case warrants a license suspension. Your license will be suspended if there is enough evidence showing that you drove in Washington and either had a BAC above the legal limit or refused the breath test.
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. When you are arrested and charged with a DUI, you will be provided a notice of license suspension by the police officer. You can use this form to request a DUI license suspension hearing and mail it in with the $375 fee. You can also visit the Department of Licensing website and file your request online. Because you only have 20 days from the date of the arrest, it makes sense to file online and save all the time you can.
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 held within 60 days of your arrest. 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.
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Most DUI charges carry up to 364 days in jail. We build a defense around every stage of the case, not just the arrest.
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Multiple prior convictions can turn a DUI into a felony. We look hard at whether every prior conviction actually holds up.
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A path to a full dismissal for qualifying cases, in exchange for a serious, multi-year treatment commitment.
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Refusing carries its own penalties, but it can also weaken the state's case at trial. We help clients weigh both sides.
Learn more
Mandatory jail, fines, and license suspension apply even to a first arrest. We fight for a reduction whenever the facts support one.
Learn more
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
Multiple prior convictions can turn a DUI into a felony. We look hard at whether every prior conviction actually holds up.
Learn more
A path to a full dismissal for qualifying cases, in exchange for a serious, multi-year treatment commitment.
Learn more
Refusing carries its own penalties, but it can also weaken the state's case at trial. We help clients weigh both sides.
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FAQ
20 days from the date of your arrest.
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.
