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How many days do I have to subpoena the officer or trooper for the DOL Hearing?
Ten (10) business days (excluding holidays and weekends) is the requirement not including the day of service. The subpoena must be signed by a Department of Licensing (DOL) Hearing Officer and accompanied by the witness fee check. See link for form. DOL Subpoena -
Is the DOL Hearing included in the DUI Attorney fee?
Yes. Usually it is the standard practice. Most DUI attorneys will include the Department of Licensing (DOL) Administrative Hearing in the DUI fee. That said, you should always ask your DUI attorney to see whether it is included. (or look at your DUI fee agreement)
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How many days notice do I receive of the DOL Hearing decision?
Typically, the Washington State Department of Licensing (DOL) Hearing Officers will give you 7-10 calender days notice of your pending suspension or revocation. This timeline applies – if your not successful at the DOL Administrative Hearing. Unfortunately, it is not very much time to apply for an ignition interlock license.
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How many days in advance do I have to subpoena officer for the DOL Hearing?
Ten (10) business days is the requirement not including the day of service. The subpoena must be signed by a Department of Licensing (DOL) Hearing Officer and accompanied by the witness fee check. See link for form. DOL Subpoena
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Should I request a DOL Hearing?
Yes, in my opinion you always request a Washington State Department of Licensing (DOL) Hearing – even if it looks like the hearing will be unsuccessful. It is worth the $375.00. It is important to remember that this is a “Civil” administrative hearing and the standard of proof is preponderance of the evidence . (alittle over 50%)
However, in the worst case, you get a free deposition under oath. If I think there are no good legal issues – I will always subpoena the officers. I then proceed to use the hearing to find out everything about my client’s case while it is fresh in the officer’s memory and pin down his/her testimony. I then have the hearing transcribed and can use it later in Court – if there are discrepancies with the officer’s testimony. In alot of jurisdictions, charges haven’t even been filed by the time of the DOL Hearing. See also the 20-day rule in previous post.
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What happens if I do not request a Department of Licensing (DOL) Hearing within 20 days?
Your Washington State driver’s license will be suspended or revoked (revoked if 1 year or more) 60 calender days from the date of your arrest. If you miss the 20-day deadline you are out of luck. The length of suspension or revocation depends on whether you took the breath test or refused as well as your prior administrative DUI history within seven (7) years.
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Just arrested for DUI – will my license be suspended immediately?
No. It will be suspended automatically in 60 days u nless you request a Washington State Department of Licensing (DOL) within 20 calender days of your DUI arrest. You should (or will) have received a letter from the DOL titled ‘Notice of Suspension’. You can ignore that date only if you properly request a DOL Hearing. Request DOL Hearing Form and Instructions Request DOL Hearing online
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Do I testify at the DOL Hearing?
Probably not. Unless it is a refusal case I do not normally have my client testify at the Department of Licensing (DOL) administrative hearing. Usually, the client’s testimony will not make any difference.
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