DUI Department of Licensing Hearing
Whenever a driver is arrested for DUI, there are typically two sides of the DUI case: (1) A criminal charge that is handled through the court system,and (2) An administrative action from the Department of Licensing to suspend or revoke their privilege to drive. This page outlines this second component from the Department of Licensing.
The Department of Licensing has jurisdiction to issue an administrative action in any of the following situations:
- A breath test result where at least three of the four results are 0.08 or above
- A refusal of the breath test
- A blood draw with an alcohol level of 0.08 or greater
- A blood draw with an active THC level of 5.0 nanograms or greater
Whenever the DOL receives notice that a driver falls within one of these categories, they will initiate an administrative suspension or revocation of the driver’s license (or their privilege to drive if they are an out-of-state driver). A driver does have the option to contest this administrative action and argue for dismissal of the action.
To learn more about how to contest the licensing suspension, click here.
Once a driver requests a hearing, the DOL then has an obligation to schedule it within 30 business days after the date of request. This is a hearing that takes place over the phone with an Administrative Hearings Examiner. A driver can represent themselves at this hearing or can hire their own attorney to represent them. At this hearing, the Department of Licensing uses a “preponderance of the evidence” standard (i.e., a “more likely than not” standard), meaning they have a much lower burden of proof than a criminal action. These hearings are governed by RCW 46.20.308 and focus on the following issues
To learn more about the focus of these hearings, click here.
If the DOL can establish all of the required elements at the hearing by a “preponderance of the evidence,” they will “sustain” the administrative action and suspend or revoke the driver’s license or privilege to drive. This is true even if the criminal charge is amended or even dismissed, as this administrative action is a completely separate legal proceeding from the criminal side of the case. These administrative hearings are a much more streamlined process than the criminal side of the case and the licensing actions are upheld in the majority of cases statewide. However, these hearings can have complex procedures, detailed legal arguments, and can have major ramifications for many drivers if the hearing is not handled correctly. Accordingly, it is always in a driver’s best interest to have representation at the hearing by an attorney who is experienced in this specific area of law.
Unless the driver subpoenas the law enforcement officer at least five business days prior to the hearing, the DOL will assess these elements based purely on what is written in the police reports. If the DOL can establish all of the required elements at the hearing by a “preponderance of the evidence,” they will “sustain” the administrative action and suspend or revoke the driver’s license or privilege to drive. This is true even if the criminal charge is amended or even dismissed, as this administrative action is a completely separate legal proceeding from the criminal side of the case. These administrative hearings are a much more streamlined process than the criminal side of the case and the licensing actions are upheld in the majority of cases state wide. However, these hearings can have complex procedures, detailed legal arguments, and can have major ramifications for many drivers if the hearing is not handled correctly. Accordingly, it is always in a driver’s best interest to have representation at the hearing by an attorney who is experienced in this specific area of law.
