Washington State DUI's are Serious Criminal Charges that should almost always be aggressively fought and defended against . . . A DUI Means a War on Two Fronts – in the Court and with the Department of Licensing (aka “DOL”).
An arrest for DUI (or for Physical Control) means you will have to face two separate proceedings -- one with the court and one with the DOL. There is the criminal proceeding in the court for the DUI or the Physical Control, and there is a separate administrative proceeding through the DOL, a telephonic hearing with a DUI Hearing Officer - if you request one within 20 days of the DUI or Physical Control stop, and pay the DOL's $375 DUI Hearing Request Fee. These DOL hearings always occur (unless briefly continued by the accused driver or their attorney) within 60 days of the DUI (or Physical Control) stop. The driver stopped for DUI/DWI or for Physical Control must request this hearing to try to fight against the DOL-administrative suspension or revocation of their driver's license. If no such hearing is applied for, there will be none – they do not occur automatically, and so if do not apply for a hearing to fight against suspension, your license will be suspended, for at least 90 days – administratively, by the DOL and without any opportunity to present your side or challenge the facts. Occasionally, the $375 hearing request fee is waived if the person is basically indigent or insolvent and the DOL has a simple form for one requesting a hearing and waiver of their fees due to indigency to fill out. You should not represent yourself without an attorney at a DOL DUI/Physical Control telephonic hearing. Sometimes, though not usually, your attorney will want to serve a subpoena on their Arresting or other officers involved with the DUI stop and or the booking, breath-testing process at their police station. DOL suspension/revocation hearing. They are very technical and require knowledge of the breath test device, the reasons for valid stops (probable cause to stop, called reasonable grounds for the officer to stop the vehicle in DOL hearings).
I can be reached 24/7 at 425-367-1122 to discuss any of these issues as they may apply to your case. Call me or come in and let's go over it together.
Phillip L. Weinberg
Washington State DUI Defense Attorney