What Is a DOL Hearing?

You get pulled over for a DUI and several days later you receive a letter from the Department of Licensing stating your license will be suspended in 30 days. What do you do now? The Department of Licensing website lists out the details of the process of the hearing. Here is an outline of the process:

Requesting a Hearing

• You have seven (7) days from the date of your arrest to request a DOL hearing to contest your license suspension.
• The request can be made online, by mail, or in person at the DOL.
• A fee of $375 must be included along with the request form.

If you hire Powers Law Group as your criminal defense attorney, we will handle the DOL hearing as well. Once the hearing request form has been sent in, the DOL will email the attorney the date of the hearing and discovery (which is everything received from the police). It will take some time to put together the evidence as to why you are contesting the hearing. During this process, the attorney and staff will review police reports and draft a motion based on the issues at hand. Some of these issues may include: the client did not understand his or her rights when pulled over because English is his or her second language; the client was not advised properly of his or her rights; or there were issues with the BAC caliber action at the time the breathalyzer test was administered. These are some sample issues that come up in reviewing the police reports. The written motion consists of case law and argument, which is one of the reasons to hire an attorney for this process.

The Hearing Process

The DOL hearing is conducted by a hearing officer who is appointed by the administration. The hearing is done telephonically. If you hired an attorney, the attorney would appear on your behalf. During this process, the hearing officer will review the police reports, the motion drafted by the attorney, and other submitted evidence, to determine if the evidence upholds the contested license suspension. The purpose of this hearing is to determine whether:

• The officer had a legal reason to stop you; or
• The officer had a basis to believe you were driving under the influence; or
• The officer properly advised you of the implied consent warning for a breath test or refusal; or
• If you had a blood draw case, the blood was properly authorized and administered. *

*If you refused the breathalyzer test and gave a blood sample instead, the results of the blood testing can take six months to eighteen months to be completed.

Sometimes the officer on the case is subpoenaed for the hearing to answer any questions the hearing officer may have. Your attorney can also ask the officer questions on the record.

The decision of the license suspension is not made during the hearing. Instead, the hearing officer emails a written decision at a later date. The outcome of the hearing varies.

Suspended License

The State can sustain your suspension, meaning your license is suspended, or the State can rescind your suspension, meaning your license is not suspended. Once the suspension is sustained, you could be eligible to apply for an Ignition Interlock License and SR 22 insurance which allows you to keep driving during your suspension. You can find more information on the ignition interlock license and device outlined in RCW 46.20.385. This is a breathalyzer device installed in your vehicle which you blow into every time before you drive.

Restricted License

Another outcome of the hearing could be a restricted license. You can apply to the DOL to have a restricted license that allows you to drive to and from work, school, or medical appointments.

The outcome of the DOL hearing has no direct bearing on the outcome of your criminal DUI case. The DOL hearing is separate from the criminal case. If the DOL hearing officer sustains the suspension, you may apply to appeal the decision.