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.

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.

No. The portable breath test (PBT) is not admitted into your DUI case-in-chief that will go before the jury. The PBT is only used to establish probable cause to arrest and even to be used for that purpose – the officer or trooper must follow the Washington Administrative Code (WAC) protocols correctly.

Yes. Under Washington law a Washington State Ferry is actually part of the State “highway” system. I have had several DUI cases over the years where people fell asleep on the Ferry crossing. They were eventually woken up by a Washington State Trooper and I am sure you can guess what happened next.

Common DUI reductions (from DUI or Physical) cases are Reckless Driving, Negligent Driving and less common Reckless Endangerment. Frankly, the negotiating environment these days is very difficult and the key to getting a reduction or (plea bargain) is having an experienced DUI attorney working on your DUI case.

The very minimum alcohol/drug treatment required in every DUI case – whether reduced/amended or not – is the 8-hour alcohol drug information school (ADIS) and the 1-2 hour DUI Victim’s panel. An alcohol/drug evaluation is also required with every DUI case.

All Washington State District and Municipal Courts require that the State certified alcohol/drug/chemical dependency evaluator review at a minimum the following documents in completing an alcohol/drug evaluation for your Washington State DUI case:

(1) Defendant’s criminal history (DCH);

(2) Washington State abstract of driving record (ADR);

(3) Police report that is the basis for your DUI charge or conviction.

(4) Results of a urinalysis test (UA) administered to you at the time of the evaluation.

All Judges in Washington District and Municipal Courts will not accept alcohol/drug evaluations without evidence that all of these documents were reviewed and a UA administered when the evaluation was completed.

The Washington State Department of Licensing (DOL) has a comvenient online tool that allows you to see whether your driver’s license is valid. It is real-time . Check my license

No. The DUI Department of Licensing (DOL) Adminsitrative Hearing is a “trial by paper” so to speak. The DOL Hearing Officer simply reviews the police report and any exhibits. The driver can also present evidence as well as challenge the State’s. However, the officer or trooper does not attend the Hearing unless you (the driver) subpoena them. You have a right to cross-exam the officers under Washington law. If they do not show the Department action against your license (pending suspension or revocation) will be dismissed in most cases.

To be eligible for a deferred prosecution you must state that the wrongful conduct (DUI) was caused by or a result of alcoholism (dependency), drug addiction or mental problems. Alcohol “abuse” is not included per se. In other words, you can have a problem with alcohol (abusive maybe), but it does not rise to the level of dependency – then you will not be eligible for deferred based on alcoholism.