Your License

The Department of Licensing (DOL) will seek to suspend your driver’s license just because you were arrested for DUI.  There does not need to be a conviction.  The authority to do this is found at RCW 46.20.308.  This is a separate procedure from the Court proceedings and there does not even need to be criminal charges filed for the DOL
 
The DOL Must Serve notice in writing its intention to suspend, revoke, or deny your license. The service of notice is normally done by a separate letter issued to you after your arrest but DO NOT WAIT FOR THIS LETTER!  If you are arrested for DUI, Physical Control, Or Minor DUI you MUST take immediate action and seek experienced DUI counsel as time is precious at this stage.
 
The DOL must also serve you notice in writing your right to a hearing, specifying the steps he or she must take to obtain a hearing. This is typically achieved by the arresting officer giving you hearing request form and this is  TIME SENSITIVE.  YOU only have 20 DAYS to make the request and the request MUST be timely.   Once again, you MUST take immediate action and seek experienced DUI counsel to guide you through the request procedure because the manner in which the hearing is requested can make the difference between no loss of your license and a suspension or revocation. 
 
The law requires the officer to mark your Washington state driver's license or permit to drive, if any, in a manner authorized by the department.  This means they punch a hole in it.  Your license remains valid for at least 60 days.  If a hearing is properly requested it will remain valid until the hearing is actually held and you are notified of the hearing result by mail.
 
Once the hearing is requested a date, time, hearing officer will be assigned.  On the assigned date the hearing officer will conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses.
The report of the law enforcement officer and any other evidence accompanying the report shall be admissible without any other showing required.  You may, and SHOULD be represented by counsel, may question witnesses, may present evidence, and may testify. At the end of the hearing, the hearing examiner will likely take the case under advisement and then issue a ruling by mail.  This ruling may come within 2 weeks, or it can take over a year from the date to the hearing.  The ruling will either sustain the  suspension or revocation (you lose) or it will rescind the proposed suspension or revocation (you win).
 
These hearings are predicated upon the fact that if you operate a motor vehicle in this state you are deemed to have given consent, to a test or tests of your breath or blood for the purpose of determining the alcohol concentration or the presence of any drug in your breath or blood.   This is contingent upon the fact that at the time of your arrest, the officer has reasonable grounds (probable cause) to believe you had been driving (or in actual physical control) of a motor vehicle while under the influence of intoxicating liquor or any drug.
 
If you refuse the breath or blood test request, which you have a right to do, the police can obtain a search warrant for your breath or blood.  This usually means drawing blood from you by force and against your will.
 
Were You Arrested Lawfully?
 
Are there enough facts in the officer’s report to convince the DOL that the  officer had reasonable grounds to arrest you for driving or being in actual physical control of a motor vehicle while under the influence of with a BAC concentration of .08 above. In other words, did the offcier have enough information to think that you were over a .08 or affected by the alcohol you drank? 
 
In the case of a minor, the question is whether the officer had reasonable grounds to arrest you for driving or being in actual physical control of a motor vehicle while having a alcohol concentration of .02 or above.  This basically means that if could smell the fact that you had drank alcohol you were likely over a .02 because it does not take much alcohol at all to get you over the threshold of .02.
 
This does not mean that the DoL needs any proof like in court, instead, it is a determination of whether the officer had enough information to think you were above a threshold limit. 
 
DoL And A Blood Draw
For the DoL to suspend or revoke your license there does not need to be a breath sample, it can be blood also.  If there was no breath sample because you were incapable of providing a breath sample due to physical injury, physical incapacity, or other physical limitation, or because you were being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility and a breath test machine is not readily available and the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered.  Under these circumstances a blood test will be “offered.”
 
Regardless of whether it is breath or blood the officer still MUST read you something called Implied Consent Warnings.  These warnings are required by statute and usually printed on a form the officer uses.  These are the warnings that tell you the consequences of giving a breath / blood sample versus the consequences of not providing such a sample because you invoked your right to refuse such a test.
 
DOL Penalties
 
If you refuse to take the test, you driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and
 
Your refusal to take the test, may be used in a criminal trial; and
 
If you submit to the test and the test is administered, your driver's license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety (90) days if you are age twenty-one or over and the test indicates the alcohol concentration of the driver's breath or blood is 0.08 or more, or if the driver is under age twenty-one and the test indicates the alcohol concentration of your breath or blood is 0.02 or more.
 
Therefore a first offense DUI arrest will garner a 90 day license suspension for you if over 21 and provided a sample of .08 or more, and if you are under age 21 and provide a sample over a .02. 
 
If you are age 21 or more, or under age 21 and you refuse the consequence is a 1 year revocation.
 
If this is a second DUI arrest and you are within 7 years of your first DUI arrest then the DOL will revoke your license for at least 2 years if you are over age 21, regardless of whether your provided a breath sample of .08 or more or if you refused, and if you are under 21 it will be for 2 years or until you are age 21 whichever is longer!
 
If you are later convicted of DUI, Minor DUI, or Physical Control the Court will order another suspension or revocation as punishment but the DOL MUST grant credit on a day-for-day basis for any portion of a suspension or revocation already served if the conviction is from the same incident.
 
 
These penalties are mandatory minimums and there is no lesser suspension/revocation time. There is however a recently enacted law that allows you to drive even during your suspension.  This is called an Ignition Interlock License (IIL)

The Department of Licensing (DOL) will seek to suspend your driver’s license just because you were arrested for DUI.  There does not need to be a conviction.  The authority to do this is found at RCW 46.20.308.  This is a separate procedure from the Court proceedings and there does not even need to be criminal charges filed for the DOL.

The DOL Must Serve notice in writing of its intention to suspend, revoke, or deny your license. The service of notice is normally done by a separate letter issued to you after your arrest but DO NOT WAIT FOR THIS LETTER!  If you are arrested for DUI, Physical Control, Or Minor DUI you MUST take immediate action and seek experienced DUI counsel as time is precious at this stage.

The DOL must also serve you notice in writing your right to a hearing, specifying the steps he or she must take to obtain a hearing. This is typically achieved by the arresting officer giving you hearing request form and this is  TIME SENSITIVE.  YOU only have 20 DAYS to make the request and the request MUST be timely.   Once again, you MUST take immediate action and seek experienced DUI counsel to guide you through the request procedure because the manner in which the hearing is requested can make the difference between no loss of your license and a suspension or revocation. 

The law requires the officer to mark your Washington state driver's license or permit to drive, if any, in a manner authorized by the department.  This means they punch a hole in it.  Your license remains valid for at least 60 days.  If a hearing is properly requested it will remain valid until the hearing is actually held and you are notified of the hearing result by mail.

Once the hearing is requested a date, time, hearing officer will be assigned.  On the assigned date the hearing officer will conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses.

The report of the law enforcement officer and any other evidence accompanying the report shall be admissible without any other showing required.  You may, and SHOULD be represented by counsel, may question witnesses, may present evidence, and may testify. At the end of the hearing, the hearing examiner will likely take the case under advisement and then issue a ruling by mail.  This ruling may come within 2 weeks, or it can take over a year from the date to the hearing.  The ruling will either sustain the  suspension or revocation (you lose) or it will rescind the proposed suspension or revocation (you win).

These hearings are predicated upon the fact that if you operate a motor vehicle in this state you are deemed to have given consent, to a test or tests of your breath or blood for the purpose of determining the alcohol concentration or the presence of any drug in your breath or blood.   This is contingent upon the fact that at the time of your arrest, the officer has reasonable grounds (probable cause) to believe you had been driving (or in actual physical control) of a motor vehicle while under the influence of intoxicating liquor or any drug.

If you refuse the breath or blood test request, which you have a right to do, the police can obtain a search warrant for your breath or blood.  This usually means drawing blood from you by force and against your will.

Were You Arrested Lawfully?

Are there enough facts in the officer’s report to convince the DOL that the  officer had reasonable grounds to arrest you for driving or being in actual physical control of a motor vehicle while under the influence of with a BAC concentration of .08 above. In other words, did the offcier have enough information to think that you were over a .08 or affected by the alcohol you drank? 

In the case of a minor, the question is whether the officer had reasonable grounds to arrest you for driving or being in actual physical control of a motor vehicle while having a alcohol concentration of .02 or above.  This basically means that if could smell the fact that you had drank alcohol you were likely over a .02 because it does not take much alcohol at all to get you over the threshold of .02.

This does not mean that the DoL needs any proof like in court, instead, it is a determination of whether the officer had enough information to think you were above a threshold limit. 

DoL And A Blood Draw

For the DoL to suspend or revoke your license there does not need to be a breath sample, it can be blood also.  If there was no breath sample because you were incapable of providing a breath sample due to physical injury, physical incapacity, or other physical limitation, or because you were being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility and a breath test machine is not readily available and the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered.  Under these circumstances a blood test will be “offered.”

Regardless of whether it is breath or blood the officer still MUST read you something called Implied Consent Warnings.  These warnings are required by statute and usually printed on a form the officer uses.  These are the warnings that tell you the consequences of giving a breath / blood sample versus the consequences of not providing such a sample because you invoked your right to refuse such a test.

DOL Penalties

If you refuse to take the test, you driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and

Your refusal to take the test, may be used in a criminal trial; and

If you submit to the test and the test is administered, your driver's license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety (90) days if you are age twenty-one or over and the test indicates the alcohol concentration of the driver's breath or blood is 0.08 or more, or if the driver is under age twenty-one and the test indicates the alcohol concentration of your breath or blood is 0.02 or more.

Therefore a first offense DUI arrest will garner a 90 day license suspension for you if over 21 and provided a sample of .08 or more, and if you are under age 21 and provide a sample over a .02.  

If you are age 21 or more, or under age 21 and you refuse the consequence is a 1 year revocation.

If this is a second DUI arrest and you are within 7 years of your first DUI arrest then the DOL will revoke your license for at least 2 years if you are over age 21, regardless of whether your provided a breath sample of .08 or more or if you refused, and if you are under 21 it will be for 2 years or until you are age 21 whichever is longer!

If you are later convicted of DUI, Minor DUI, or Physical Control the Court will order another suspension or revocation as punishment but the DOL MUST grant credit on a day-for-day basis for any portion of a suspension or revocation already served if the conviction is from the same incident.

These penalties are mandatory minimums and there is no lesser suspension/revocation time. There is however a recently enacted law that allows you to drive even during your suspension.  This is called an Ignition Interlock License (IIL)