To Protect Your Driving Privilege, the Seattle DUI Attorneys that make up the criminal defense team of SQ Attorneys provides their clients with extremely detailed instructions on the procedures for sending the hearing request to the DOL; these instructions are intended to maximize an individual’s chances at succeeding at a DOL administrative hearing.
Any person who is unfortunately arrested for driving under the influence in Washington State, or arrested for physical control in Washington State, and gives a breath or blood sample that is .08 or greater, (.02 for minors and CDL operators) or who refuses to take a breath/ blood test at a police station or hospital will automatically have his/her privilege to drive in Washington State suspended or revoked. This may even be true if his/her DUI is never filed as a criminal charge, or even if his/her Washington State DUI charge is ultimately dismissed. The Washington State Department of Licensing (“DOL“) can still administratively suspend or revoke one’s license pursuant to RCW 46.20.308. In order to have a fighting chance, one must take important steps to challenge the automatic suspension/ revocation. The person must send DOL notice that he/she wants to have an administrative hearing within 20 days of his/her traffic violation (or 20 days from the date of mailed notice in any blood test case) or the suspension/ revocation will take effect without any further notice to the affected person.
The DOL administrative hearing process is surely one of the most difficult aspects of any Western Washington DUI case. The DOL uses significantly different evidentiary standards than the criminal court system does. Moreover, the DOL sustains suspension/ revocation actions statewide more than 80% of the time, regardless of whether an individual has an attorney, or not. The hearing results in either a sustained suspension or rescinded suspension. In short, there is no middle ground; one’s personal hardships, lack of criminal history and contribution to the community at large has no impact in the DOL administrative hearing context, this is different from the criminal court setting. Notwithstanding the foregoing, it is imperative that one obtain a qualified Seattle DUI attorney to assist with the DOL administrative hearing. This is because generally only an aggressive and experienced attorney has any hope whatsoever of winning these difficult, and often unfair, hearings. The Seattle DUI attorneys that make up the criminal defense team of SQ Attorneys provide the aggressive representation one needs to fight so he/she can retain their Washington State driving privilege.