Nov 03
How to Prepare for a Washington DUI Hearing
by Lewis & Laws
How to Prepare for a Washington DUI Hearing
Get tips for preparing for a DOL hearing in Seattle.
If you have recently been arrested for a DUI in Washington State, you might be worried and anxious about the consequences of the arrest. You will face not only criminal charges, but also administrative actions by the Washington State Department of Licensing (DOL).
After you’re arrested for a DUI, the officer who processed your arrest will promptly notify the DOL. The DOL will suspend your license on the 60th day following your arrest unless you request a hearing to contest the suspension within 20 days of your arrest and the hearing examiner makes a decision in your favor. If the hearing examiner doesn’t decide in your favor, then your license will be suspended from 90 days to 2 years. The suspension period will vary depending on factors like prior offenses and the severity of the incident.
Losing the right to drive can have a significant impact on your life. Tasks like picking up your kids at school, getting to work, or running daily errands will become challenging if you are unable to drive. If you are arrested for a DUI, a Seattle DUI attorney can fight to maintain your right to drive. DOL cases are not criminal cases, but drivers who are arrested for a DUI do have the right to hire an attorney to represent them at a DOL hearing. An attorney can help you make a strong case and increase the chance that the DOL’s hearing examiner will make a decision in your favor.
What to Expect at a DOL Hearing
DOL hearings are conducted over the phone and may last for up to an hour. You can listen in at your lawyer’s office or via a conference call. During the hearing, the hearing examiner will review the issues to be decided and identify the prepared exhibits, such as a copy of the police report.
Before each exhibit enters the record in your case, you or your attorney has the right to object to the admission of the evidence. You or your lawyer can also introduce exhibits of evidence. It’s recommended that you send exhibits to the hearing officer well in advance of the hearing so he or she has time to review them.
The state will bring witnesses to the hearing and you may bring your own witnesses as well. If you wish to have a witness subpoenaed, contact the hearing examiner prior to your hearing. At the hearing, the hearing examiner will swear in all the witnesses and listen to their testimony. You will also have the ability to cross-examine the state’s witnesses.
After reviewing the evidence, the hearing examiner will make a decision regarding whether or not to suspend or revoke your license. It can take up to six weeks for the hearing examiner’s decision to be made. The decision will be mailed to your address of record. If you disagree with the decision, you can appeal it through the superior court in the county where you were arrested.
Hire an Experienced DUI Attorney in Seattle to Represent You at Your DOL Hearing
Remember that you only have 20 days from the date of your DUI arrest to request a hearing with the DOL. After those 20 days are up, you lose your right to a hearing. If you want to do everything in your power to avoid losing your driver’s license, contact Seattle DUI attorney Baker, Lewis, Schwisow & Laws, PLLC. We have extensive experience successfully handling DUI cases in Seattle and beyond. Call 206.209.0608 or fill out our online contact form to request a free case review.