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Can I get a continuance of my DOL Hearing?
Yes. You can get one (1) continuance or postponement of your Department of Licensing (DOL) DUI Hearing. You must request it at least two (2) business days before the hearing. Call the number on your DOL Hearing notice.
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Are DUI roadblocks allowed in Washington State?
No. Unlike many other States, DUI roadblocks are illegal in Washington State. A law enforcement officer must have probable cause to stop your vehicle.
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Can I have two DOL Hearings?
Yes. If you refused the breath test at the police station and a blood draw was taken per a warrant – it is possible to have two (2) Department of Licensing (DOL) Hearings. It will probably become more commonplace in any case with a refusal and a blood draw.
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Will I be able to Drive with a DUI?
Yes. You will always be able to get a restricted license – Ignition Interlock License – even with a DUI conviction or if you lose your license through the DOL Hearing implied consent procedure.
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Is there a limit to the number of Felonies I can vacate?
No. Unlike misdemeanors, there is not a limit to the number of felonies you can vacate. As long as it is an eligible felony and you have met the time and other requirements. Kotlowski Law Office PLLC offers a free consultation to determine whether you are eligible.
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How many days do I have to request a DOL Hearing?
Effective January 1, 2019 – you have only seven (7) calendar days to request a Department of Licensing (DOL) Hearing. The clock starts ticking from the date of arrest.
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How long does the Prosecutor have to file my DUI case?
Two (2) years. The Statue 0f Limitations is the absolute “deadline” for filing on your specific offense. The time period in which a DUI case can be filed is two (2) years from the date of arrest. That said, a lot of cases have been delayed because they are blood draw cases. The Washington State Tox Lab is approximately 6-12 months behind on getting the blood results back to law enforcement.
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Can I vacate or expunge my DUI conviction?
No. Unfortunately, in Washington State you cannot vacate or expunge a DUI conviction. It stays on your record for life.
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Why is my DUI charge not filed?
In Washington State, a lot of DUI cases are taking 6-15 months to file. This is especially true in blood draw cases. The Washington State Toxicology Lab has a huge backlog of blood draw cases. I believe the number is in the 1000’s. Procedurely, the arresting officer sends the two blood vials to the Toxicology Lab for analysis. The Lab then has to send the blood results back to the police department that made the arrest, who then forwards it to the prosecutor’s office with the police report – for review and a decision on filing. Most cases will eventually be filed, however, this can be a frustrating wait for clients.
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How long is the probation period on a Reckless Driving?
The probation period on Reckless Driving is a maximum of two (2) years.
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