LAW FIRM OF DAVID N. JOLLY
To prevent your license from being suspended 30 days after your arrest for DUI, you must request a hearing from the DOL within 7 days of the date you were arrested. When you were released from custody following your DUI arrest, the DUI officer will likely forward information regarding your arrest to the DOL. You will now have a temporary license, valid for 30 days so be sure you request a DOL hearing within 7 days.
Unless you send in the hearing request form (and pay a $375 fee, unless indigent) within 7 days of your Washington State DUI arrest, you will lose your Washington State License and have no right to appeal! (In blood test cases, the 7 day time period commences on the day the DOL mails you notice of your blood test result - unless you refused the breath test).
When mailing your hearing request form to the Department of Licensing, you should use registered or certified mail so that you can prove when you mailed the form (Do not forget to include the $375 hearing fee). Once you have requested a hearing, DOL must provide the hearing (in person or by telephone) within 30 business days of the date of arrest. Until the 30th day following your arrest or, until notified that you lost your DOL hearing, your license remains valid and you can drive lawfully (assuming you have no other pending actions against your license).
The DOL’s action proceeds completely independent from any criminal prosecution, and, depending on the nature of the action, a suspension or revocation may run in addition to or at the same time as a suspension or revocation resulting from a criminal conviction.
Where do we begin with the Ignition Interlock Device? First, it is important to know as much as possible about the device. Our Washington State DUI Defense law firm offers free handouts and updated material that help to educate our clients on the device, where to get it installed and how to stay out of trouble. If you would like information about this device, please contact us and we will send you some information.
You may be introduced to the Ignition Interlock Device at your very first court date. If you have a prior DUI arrest, no matter how long ago, the law demands you install the device within 5 days of your first court date. If this is you, please take this order seriously as any violation may result in you readdressing the matter in front of the Judge. This is not preferred!
The Ignition Interlock may also be used to obtain an Ignition Interlock License to permit you to do drive following a license suspension. Should you lose your license due to a DOL Hearing loss or a conviction of DUI or Reckless Driving, you may obtain an ignition interlock license that will allow you to drive during the suspension.
Another way you may encounter the ignition interlock device is through the Deferred Prosecution Program. This program will require you to install the device for a period designated by the Department of Licensing.
Finally, should be convicted of DUI or, should your DUI be reduced to reckless driving or negligent driving in the first degree and, you have a prior DUI, you will be required to install the ignition interlock device. The time designated could be lengthy so contact your Washington DUI Attorney for more details.
If you have been arrested for DUI and provided a Breath Test sample over 0.08, over 0.02 (for a minor), over a 0.04 (for a CDL holder driving a commercial vehicle), refused the breath or blood test or had 5 or more nanograms of THC in your blood, you will be dealing with the Government (DOL) in some form. If your license is suspended, do not drive unless you have a valid an ignition interlock license. If you have any questions about the licensing process following a DUI arrest please contact our office in Everett or our Bellinghm Whatcom County DUI defense attorneys directly for free advice. If you have questions directly about the DOL or, need to find information related to licensing, please contact the DOL directly by phone or go to their website. The Department of Licensing takes licensing issues following a driving under the influence arrest very seriously. They act with immediate brutality so get prepared and do so immediately.
Dealing with licensing issues can be difficult and complicated. Please contact our Washington DUI attorneys with any questions related to your licensing problems. The Department of Licensing (DOL) will suspend your license administratively if you are an adult arrested for a Washington State DUI (or physical control) and have a breath or blood test result of .08 or higher; if you have 5 nanograms of TCH in your blood; or if you are under age 21 and your test result is .02 or higher. Your Washington State license will be revoked for at least one year if you refuse the breath or blood test following your Washington State DUI Arrest.
The Department of Licensing in Washington has significant powers over drivers in this State. Following a DUI arrest the DOL is notified of the driver's arrest and immediately places the driver's status as temporary. The driver has only 7 days to request an Administrative Hearing in order to keep their driving privilege. If the driver does not request the hearing, their license will be suspended 30 days following the arrest for DUI.
The DOL Hearing is by telephone and the hearing examiner will consider the following:
Law Firm of David N. Jolly
218 W. Champion Street, Bellingham, WA 98225 | 410 Myrtle Street, Mt. Vernon, WA 9827 | 2731 Wetmore Ave, Everett, WA 98201
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Further, if you are not a United States Citizen we strongly encourage consulting with an immigration attorney to determine how a criminal charge may affect your immigration status.
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