Gig Harbor DUI Attorney - G. Parker Reich

DOL HEARING REQUEST
The officer that arrested you for a DUI should give you a Hearing Request form. In order to
request a Department of Licensing Hearing, you must mail that form to the DOL within 30
days of the date of your arrest. If you received a blood test during your arrest then the 30
days period will begin form the date that the DOL mails your blood test results. If you miss this
date or chose not to request a hearing, then your license will automatically be suspended and
you lose the right to appeal the DOL decision to suspend your license. If the DOL receives
your request form on time then they will mail you a letter telling you the date of your hearing,
which should be within 60 days after the date of your arrest.

WHAT IS THE DOL HEARING?
The DOL hearing is a totally separate matter then your criminal DUI charges. The
Washington State Department of Licensing has a different set of penalties for those charged
with DUIs. This administrative action is in addition to your criminal charges. Even if you are
found "not guilty" in the criminal proceedings against you, it does not mean that the DOL will
reverse their decision to suspend or revoke your driver's license. The reverse is also true,
even if you win your DOL Hearing, you may still be found "guilty" in your criminal charge.
These are two separate charges against you and you need to take them both seriously.

WHAT HAPPENS DURING THE HEARING?
The administrative hearing is conducted by a Hearing Officer from the Department of
Licensing, typically over the phone. Everything said will be tape-recorded and go on record
with the DOL. You have a right to be represented by an attorney or to represent yourself.
However, If you have been assigned a court appointed attorney for the criminal charges, in
most cases they will not represent you during this hearing. The hearing is similar to a trial in
that you can call witnesses, enter evidence and testimony, and make objections. You may
also request the DOL subpoena the arresting officer, or any other State's witness, and
subject them to cross-examination.

WHAT CAN BE ARGUED AT HEARING?
Take note that Washington State law does not allow Hearing Officer's to consider your need to drive for employment purposes,
transporting family, or any other reasons. The issues that can be argued at the DUI administrative hearing are limited to those found
in RCW 46.20.308 which are

Whether or not you were lawfully placed under arrest.
Whether the officer has reasonable grounds to believe you were driving or were in the actual physical control of a
motor vehicle while under the influence of intoxicants or drugs, or if you were under 21 years of age, if you were
driving or in actual physical control of a motor vehicle after consuming alcohol.
Whether you were advised of the Implied consent Warnings. These warnings are contained in the statute, and
spelled out in the Notice of Hearing you received when the hearing was scheduled.
Whether you refused the breath or blood test.

WHAT IF I LOSE THE HEARING?
The Hearing Officer will usually issue their opinion a few days after the hearing. If you lose the hearing, the notice you receive will
indicate the date your license suspension will become effective. The length of your license suspension will depend on the facts of
your case and your prior history. Click here to learn more about the Washington State DOL sanctions. You do have a right to appeal
the decision of the Hearing Officer. The appeal process will only be a review of records from the original hearing. This will not be a
second trial. If you do lose your hearing and choose to appeal, it is important to have made a detailed record at the administrative
hearing to give the appellate court a basis for reversal. Another option might be applying for a temporary restricted license (TRL).
However, not everyone is eligible for a TRL and you must wait at least 30 days before you can obtain one.

If you have been charged with a DUI, contact the Law Offices of G. Parker Reich for your free initial consultation to discuss your
case. (253)851-5711

Please visit the Washington State Department of Licensing website for more information on the DUI Administrative Hearing.