Tacoma DUI Hearings and License Suspension Defense

After a DUI arrest in Washington, you may face losing your driver’s license before your criminal case is resolved. The Washington Department of Licensing (DOL) can suspend or revoke your driving privileges based on qualifying breath or blood test results or refusal to submit to an evidentiary breath test.

You have the right to challenge that action through an administrative hearing, but you must act quickly. In most cases, you have just seven days after receiving notice to request a DOL hearing.

At the Law Offices of Smith & White, we help people facing DUI charges in Tacoma and Pierce County challenge license suspensions while defending the separate criminal case.

How Long Do You Have to Request a DUI Hearing in Washington?

Under RCW 46.20.308, you generally have seven days after receiving notice of the proposed license action to request a hearing.

Police often provide that notice during the arrest process. However, if your case involves blood testing, the DOL may send notice later, after receiving the test results.

The deadline runs from the applicable notice, not necessarily the date of your arrest.

The hearing request costs $375, although drivers who meet the financial eligibility requirements may qualify for a fee waiver. Requests can be submitted online or by mail through the Washington Department of Licensing.

If you mail your request, it must be postmarked within the seven-day period. Keep a copy of your paperwork and proof of submission.

Missing the deadline can result in losing your ordinary opportunity to challenge the suspension or revocation. Although the DOL allows late hearing requests for good cause in certain circumstances, you should not rely on an exception.

What Can You Challenge at a Washington DUI Hearing?

A DOL hearing is different from a criminal trial. The law judge does not decide whether you are guilty of DUI. Instead, the hearing addresses specific issues concerning the proposed suspension or revocation of your driving privileges.

Under RCW 46.20.308, these issues include whether the officer had reasonable grounds to believe you were driving or in physical control of a vehicle while impaired, whether you were arrested, and whether the applicable testing requirements were followed.

In refusal cases, the hearing may also address whether you actually refused an evidentiary breath test after receiving the required implied consent warnings. If testing occurred, your attorney may challenge whether the procedures and reported results satisfied Washington law.

The legality of the initial traffic stop can raise separate constitutional issues in the criminal DUI case. However, it is not listed as an independent question for the DOL law judge to decide.

What Happens During a DOL Hearing?

Washington DUI administrative hearings are generally conducted by telephone. A DOL law judge reviews the officer’s report, testing information, and other relevant evidence.

The arresting officer does not automatically have to appear. However, you or your attorney can request subpoenas for officers and other witnesses when their testimony may help address a disputed issue. The DOL has specific procedures for approving and serving these subpoenas.

You have the right to be represented by an attorney, review the evidence, present relevant documents, testify, and question witnesses who appear at the hearing.

An attorney can examine whether the officer’s statements are consistent with the testing records and other available evidence. This may reveal problems with the alleged refusal, implied consent warnings, or the basis for the arrest.

After considering the evidence, the law judge decides whether to sustain or rescind the proposed license action. The law judge cannot simply negotiate a shorter suspension as an alternative.

Is the DOL Hearing Separate From Your Criminal DUI Case?

Yes. Washington treats the administrative license proceeding and the criminal DUI charge as separate matters.

Winning your DOL hearing does not automatically dismiss the criminal charge. Likewise, having the DUI charge dismissed does not necessarily prevent an administrative suspension or revocation.

The two proceedings can involve some of the same evidence, but they address different legal questions.

For example, a criminal defense attorney may challenge whether police lawfully stopped your vehicle, whether evidence should be suppressed, or whether prosecutors can prove impairment beyond a reasonable doubt. The DOL hearing has a narrower statutory purpose.

If you refused the official breath test after arrest, additional penalties may apply. Our guide to refusing DUI testing or a breathalyzer in Washington explains those consequences and how refusal evidence may affect your defense.

Some drivers may qualify for a separate postponement of administrative license action while pursuing DUI deferred prosecution. Eligibility is limited, particularly in breath-test refusal cases. Deferred prosecution does not replace the ordinary DOL hearing process, and drivers should investigate both options promptly.

What if You Lose Your DOL Hearing?

If the DOL upholds the proposed license action, your driving privileges may be suspended or revoked even while your criminal case is pending.

You may be eligible for an Ignition Interlock Driver License, which allows qualifying drivers to operate a vehicle under specific restrictions.

You may also appeal an adverse DOL hearing decision to superior court. Generally, the appeal must be filed within 30 days after the final order is served. Filing an appeal does not automatically delay the suspension or revocation, although a court may grant a stay under limited circumstances.

Eligibility for restricted driving privileges and the available options depend on your circumstances, so it is worth discussing both the hearing and possible licensing consequences with an attorney.

How Can Smith & White Help With Your DUI Hearing?

At Smith & White, we understand that losing your driver’s license can affect your employment, family responsibilities, and ability to manage everyday life.

We can review the circumstances of your arrest, evaluate the DOL’s evidence, prepare for the administrative hearing, and determine whether witnesses or additional records may help your case. We also provide Tacoma DUI defense representation for the related criminal proceedings.

If you are facing a DUI charge in Tacoma or elsewhere in Pierce County, the first consultation is free. We can be reached through our online form or by calling (253) 203-1645 to set up a meeting.