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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 -
How many days do I have to appeal a DOL Decision?
You have 30 days from the date of the Order to appeal a Department of Licensing (DOL) Hearing to Superior Court. -
When can I enter a deferred prosecution on my DUI?
Anytime, up to seven (7) days before trial. Although, I have entered them as late as the day of trial. Obviously, you need to know the Court and what they will accept.
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Can I sit out the the Ignition Interlock Device (IID) period on a DUI?
Yes, you can sit out – all but four (4) months. If the Ignition Interlock Device is required because of a DUI, Physical Control, 2nd or subsequent Reckless or Negligent Driving (within/7) conviction it does apply. A 4-month certification is required from the ignition interlock device installer/vendor showing compliance with RCW 46.20.720 before the interlock requirement can be removed. See Form: 4 Month IID Compliance Form
The ignition interlock restriction will remain in effect until the Department of Licensing (DOL) receives a declaration from the person’s ignition interlock installer/vendor certifying that there have been none of the following incidents in the four consecutive months prior to the date scheduled for removing the interlock:
(a) An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more;
(b) Failure to take or pass any required retest; or
(c) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.
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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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Can I waive Arraignment on my DUI?
No. Arraignment in Washington State cannot be waived on DUI or Physical Control charges. You must appear in-person with your attorney. However, if you are unavailable your attorney can always ask for a continuance of the arraignment Court date depending on the Court. (typically, only 1-3 weeks)
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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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Can I expunge my DUI Court record?
No. Under current Washington State Law you cannot expunge or erase the Court record and/or docket – even if – the DUI is reduced to Reckless or Negligent Driving or Reckless Endangerment. Vacating your conviction is a different matter. See this blog for information. In other words, your DUI arrest may still show up in background checks.
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Should I take the roadside field sobriety tests?
No. Politely decline. I always recommend against taking the Roadside Field Sobriety Tests. (HGN, Walk & Turn, One Leg Stand and Portable Breath Test) In Washington State or Seattle, these tests are voluntarily , unreliable and difficult to complete in the best of conditions. (think traffic flying by in the dead of night, bad weather conditions among many other factors) Remember, you are simply building a DUI case against yourself. ( usually not a good idea ) You can be cooperative and respectful of the officer or trooper without taking these tests.
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What’s the difference between Negligent Driving 1st and 2nd Degree?
Negligent Driving 1st Degree is a Misdemeanor Criminal Traffic Offense in Washington State. It has a maximum penalty of 90 days in Jail and a $1000 Fine. Negligent Driving 2nd Degree is a traffic infraction (civil – not criminal) with a maximum fine of $250. (although, it is really around $550 with all the court costs etc.) 1st degree involves alcohol or drugs – 2nd degree does not.
I have resolved several DUI cases over the years with Negligent Driving 2nd Degree. Obviously, that is a great result and the clients were very happy.
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