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Will I Lose My License

The Department of Licensing (DOL) will suspend your license administratively if you are an adult arrested for DUI (or physical control) and have a breath or blood test result of .08 or higher; or if you are under age 21 and your test result is .02 or higher. Your license will be revoked for at least one year if you refuse testing.

To prevent that from occurring automatically, you must request a hearing from DOL within 20 days of the date you were arrested.

When you were released from custody, the officer should have punched a hole in your license (making it into a temporary license, valid for 60 days), given you a copy of the breath test result, and given you a hearing request form.

Unless you send in the hearing request form (and pay a $200 fee, unless indigent) within 20 days of your arrest, you will lose your license and have no right to appeal! (In blood test cases, the 20-day time period commences on the day DOL mails you notice of your blood test result)

Your hearing request (using the form given to you by the arresting officer) must be postmarked no later than the 20th day after arrest. For that reason, you should use registered or certified mail so that you can prove when you mailed the form (Do not forget to include the $200 hearing fee). Once you have requested a hearing, DOL must provide the hearing (in person or by telephone) within 60 days of the date of arrest.

The Department's action proceeds totally independently from any criminal prosecution. However, in most cases the suspensions will run together, or credit will be given against the suspension due to conviction for the time served for the DOL suspension.

Refusals

ADULTS
First refusal within 7 years with no other previous administrative suspensions: 1 year revocation
Prior refusal or first refusal with a prior administrative suspension within 7 years: 2 year revocation

DRIVERS UNDER AGE 21
First refusal within 7 years with no other previous administrative suspensions: 1 year revocation
Prior refusal or first refusal with a prior administrative suspension within 7 years: 2 year revocation or until age 21, whichever is longer Breath or Blood Tests

ADULT ARREST WITH TEST RESULT OF .08 OR ABOVE

  • First administrative suspension in 7 years: 90 day suspension
  • Second administrative action within 7 years: 2 year revocation
  • Suspension or revocation can be stayed if you enter into a deferred prosecution program.

UNDER AGE 21 WITH ALCOHOL LEVEL ABOVE .02

  • First administrative suspension within 7 years: 90 day suspension
  • Second administrative action within 7 years: 1 year suspension, or until age 21, whichever is longer
  • Suspension can be stayed if you enter into a deferred prosecution program.

Occupational or Temporary Restricted Licenses
Occupational Licenses are available for anyone convicted of a criminal offense relating to motor vehicles for which suspension or revocation of your driver's license is mandatory, other than vehicular homicide or vehicular assault. Occupational Licenses are available for anyone who has had their license suspended or revoked as an administrative sanction of a DOL hearing. If the suspension is due to a test result above the legal limit, you can obtain an Occupational License after the first 30 days. If the suspension is due to a refusal, you can obtain an Occupational License after the first 90 days. You must have a valid license at the time of the administrative action, and must first obtain high-risk insurance.

If your suspension or revocation is alcohol related, the Department of Licensing will require you install an Ignition Interlock Device in your vehicle for the duration of the Occupational License.

Cowan Kirk Kattenhorn

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If you need a DUI defense attorney in Seattle, Bellevue, or King County, contact us today to find out why respect for our clients, a passion for justice, and our commitment to winning have earned each of us the highest honor a member of the bar can receive from our colleagues – their referrals.