Avoiding a License Suspension – the Mystery Behind the Department of Licensing.
If you didn’t realize that your license is at risk for being suspended because you received a citation for a Spokane DUI, you are not alone. The Department of Licensing (DOL) process is a confusing and complex process with deadlines. Let me take the mystery out of it.
First, you are facing a driving license suspension!
Looking at your DUI citation you may have questions about jail, fines, and court. However, there is a more immediate issue. A time-sensitive issue. Your license!
Regardless of how your Spokane DUI case resolves, you still must deal with the Department of Licensing. That’s right! Your DUI case could be dismissed, and you could still face a license suspension. Here is why….
Driving is a Privilege
The ability to drive in Washington State is considered a privilege. This privilege is conditional. If you violate the condition by:
- Receiving a Spokane DUI with a 0.08 breath alcohol level or higher;
- You refuse the breath test when offered;
- You have a blood draw that is above the legal limits for alcohol and/or THC
And it is reported by the officer, you will be facing an administrative suspension.
Administrative vs. Court Suspension
There are two (2) ways a person’s license can be suspended: Administratively (by the DOL) or by the Courts as a result of a conviction.
Again, just because your Spokane DUI case is dismissed, that DOES NOT mean that you will have no administrative suspension. These cases are independent of each other.
Suspension is Automatic
If you do nothing, your license will be suspended by the DOL. You will receive a letter from the DOL to your last known address. It will tell you when your suspension starts and when it finishes.
Make Sure Your Address is Correct — Go Online- dol.wa.gov
If your address is not up to date with the DOL you can go online and change it. You can also see the status of your license, what you need to do to get your license reinstated or what you need to do to be able to drive during a period of suspension. You can also download forms from the website.
You have a Right to a DUI DOL Hearing!
As I said, if you do nothing, your license will be automatically suspended (there are only a few rare exceptions). However, you have a right to a hearing or due process. You are basically saying, “wait a minute, before you suspend my license, I want a hearing to challenge this!”
In order to have this hearing, you need to make a formal request. The arresting officer should have given you a piece of paper that says, “Request for DUI Hearing”. If they did not, you can download this form from the Washington DOL website.
You must complete your DOL DUI Hearing Request Form and mail it to the address on the form (we offer more specific advice on the timing and manner of this). If you do not have an attorney, it is alright to send it in without one listed. Court-appointed attorneys will generally not handle these hearings. Ask them before you put their name down on the paper.
My suggestion: This is a very technical hearing. It is done over the telephone and addresses just four legal issues. If you have a court-appointed attorney and want legal assistance, I suggest finding an attorney who will take on this portion of your case. We are out there!
Seven Days or You’re Screwed!!!
The request for a hearing needs to be postmarked within seven (7) days. (Note! Postmarked not received.) It must also include the fee of $375 either check or money order (unless you are asking for the fee to be waived). If you miss this deadline, your driver’s license will be suspended.
Be Paranoid!
My suggestion: You do not have to mail the request certified, but I suggest you get a copy of the envelope with the date stamp on it (take a picture of it with your phone). I suggest you use a check, that way you know when it is cashed that the DOL has received it. If you request the hearing online, print confirmation of that request. You are the one who must prove you asked for the hearing.
Should I make the request online?
If you want to make the request online, I suggest you do it BEFORE the seven (7) days. That way, if something happens and online is not working, you still have time to mail it. (We generally prefer mailing it as a strategy–just FYI).
Tip: If you do not have a Washington Driver’s License (you have an out-of-state license), we will give you some different advice, but you cannot delay!
The DOL is Unforgiving
If you do not make your request in time, your suspension will be upheld and it will go into effect when indicated by the letter you received, which is 30 days from the arrest.
Fee Waiver- AKA Financial Assistance Application
If you cannot afford the $375 for the hearing, I suggest you look at the website to see if you qualify for a fee waiver. You may qualify based on income, if you receive state assistance, SSI, food stamps and Medicaid are just a few. If you have been appointed an attorney, you also qualify. Make sure you fill out this form COMPLETELY AND CORRECTLY (make sure you sign the request with location and date) and submit all necessary documents.
If you are denied, you will receive a letter giving you a few days to submit the fee. If it has been approved, you will receive a letter with a hearing date.
My suggestion: Make sure you keep an eye on your mail.
Here is the Tricky Part
The Financial Assistance Application needs to be sent into the DOL IN ADDITION TO the hearing request form. I repeat you need to send in both the hearing request form and the fee waiver form with documents. When you are doing this, NOTICE they go to DIFFERENT ADDRESSES.
My suggestion is to:
- send in the original hearing request form to the DOL with a copy of the Financial Assistance Application. That way they know that you have not forgotten to include the money, but it is your intention to see if the fee can be waived.
- send the original Financial Assistance Application in with a copy of the Hearing Request form. Again, just a CYA.
- keep a copy of everything for your records.
Your Hearing has Arrived!
If you have done everything correctly, you will receive a letter in the mail from the DOL giving you the date of your telephone hearing. While you are waiting for the outcome of this hearing, your current suspension will be put on hold.
My Suggestion: the administrative hearings are complex, confusing and limited. Only a few issues can be argued. Get an attorney who is experienced in handling these specific administrative hearings.
Good Luck!