Driver License FAQ

Washington DUI Administrative Actions After a DUI Arrest

A DUI arrest in Washington State triggers two separate proceedings that can affect your driving privileges: the criminal case and an administrative action through the Department of Licensing (DOL). Understanding the administrative process is critical to protecting your ability to drive.

How Will a DUI Affect My Washington Driver's License?

If Your Breath Test Was .08 or Higher

• 1st administrative action: 90-day driver's license suspension
• 2nd or subsequent administrative action: 2-year license revocation
• $150 reissue fee required
• SR-22 insurance required for 3 years thereafter

If You Refused to Take a Breath Test

• 1-year license revocation if first refusal within 7 years
• 2-year license revocation if second or subsequent administrative action within 7 years
• Hearing required within 60 days of arrest
• $150 reissue fee and SR-22 insurance required for 3 years
• One-year revocation applies even if driver enters deferred prosecution, unless driver successfully challenges the administrative action

Penalties concerning your driver's license constitute a Washington State Administrative matter. Suspension or revocation will take effect regardless of whether criminal charges are filed.

What Is a DOL Administrative Hearing?

The DUI administrative hearing is conducted by a Hearing Officer from the Washington State Department of Licensing. Key details include:

• The hearing is tape-recorded
• The Hearing Officer considers facts and law, issuing a written decision (typically 15–30 days)
• License suspension or revocation is typically stayed (put on hold) pending hearing outcome
• The arresting officer usually does not appear; state evidence consists of the officer's written arrest report
• You may subpoena the officer or trooper to appear
• The standard of proof is preponderance of the evidence (more likely than not, or 50.1%)

When Is My DOL Hearing Scheduled?

Hearings are conducted by telephone. The Washington State Department of Licensing mails you a letter with the time, date, and phone number for the hearing. The hearing must be scheduled within 60 days of arrest. The DOL typically grants one 30-day continuance if requested.

Your Legal Rights at the Administrative Hearing

• Be represented by an attorney at your own expense, or represent yourself
• Request that the Department subpoena the arresting officer or other witnesses (contact the Hearing Officer at least two weeks in advance)
• Question witnesses that appear
• Review the police report or other documents submitted as evidence
• Present evidence, call your own witnesses, and testify on your own behalf

Note: If you have a court-appointed attorney for criminal charges, they typically will not represent you at the administrative hearing.

After the DOL Administrative Hearing

The Hearing Officer mails you a written decision, typically two weeks or more after the hearing. The decision either dismisses the suspension or revocation of your license, or upholds it with notification of the effective date and steps required to reinstate your driving privileges.

If you disagree with the decision, you have the right to appeal to the Superior Court in the county of arrest. Your appeal must be filed within 30 days from the date of the Hearing Officer's Order. The appeal is a "record review" — you will not have a new trial or opportunity to present evidence again. The Superior Court Judge reviews the testimony and exhibits from the administrative hearing and determines whether the decision should be reversed.

Ignition Interlock License (IIL)

Even refusals and people with multiple convictions can obtain an Ignition Interlock License, which allows driving 24 hours a day, 7 days a week for any reason without restriction.

IIL Requirements

• Apply with the Department of Licensing
• Pay a $100 application fee
• Pay a monthly fee of $20 to help defray costs for indigent citizens
• Have an ignition interlock installed on any vehicle you drive
• Obtain SR-22 insurance before applying

Should I Request an Administrative Hearing and Can I Still Get an IIL?

Yes, absolutely. An experienced DUI defense lawyer should be able to tell from the discovery process if you are likely to prevail at the hearing. Even if you have the hearing and fail to reverse the suspension, you are still eligible for the IIL. However, once you apply for the IIL, you will lose the right to any further challenge to the suspension.

Important IIL Details

• When to request: After speaking to an attorney. The DOL can be slow to process applications, so planning is necessary to prevent being without a license due to bureaucratic delays.
• Work vehicles: If your employer provides the DOL with a declaration, you will not need an ignition interlock on employer-owned work vehicles.
• Duration: For the length of the suspension.
• Violations: Violation of the terms of an IIL is a criminal offense carrying the possibility of jail time and fines.
• CDL holders: Commercial Driver's Licenses are not eligible for an interlock license.

The Law Office of Erin Bradley McAleer will fight to ensure the best possible outcome in your case. Call today at (360) 334-6277 to schedule an immediate confidential consultation about Washington DUI administrative actions.