A person arrested for Driving Under the Influence (DUI)in Seattle or anywhere in Washington State faces two immediate legal problems: (1) a criminal prosecution and (2) an administrative driver's license suspension. A criminal prosecution happens in a court of law and if you lose, you are convicted of a crime. You then will face mandatory jail, fines, probation and other sanctions.

Separate from court is the process of administrative license suspension, which happens at the Department of Licensing (DOL). If you lose at the DOL you are not convicted, but you have suffered "administrative action" which resulted in the loss of your license to drive. The DOL punishes you by taking action against your license even if you are ultimately found innocent of the DUI charge.

Your DOL case begins with the police officer punching a hole in your driver's license and sending a report of your arrest to the DOL. The hole in your driver's license is an indication that your license will expire sixty (60) days from the date of your DUI arrest. Then, your license suspension or revocation starts, unless you elect to fight it by requesting and then winning an administrative hearing at the DOL.

If you took the breath test and the reading was at or above the legal limit, your license will be suspended for a minimum of ninety days and up to two years, depending on your record.

If you refused to take the breath test, your license will be revoked for one year and up to two years, depending on your record.

This next information is critical. Your only chance to avoid automatic license suspension is by timely requesting a hearing with the DOL. The officer who punched your license should have given you a notice that the DOL will suspend your license and a Driver's Hearing Request form. If you took a blood test, usually the DOL will send to you notice of your license suspension and the request form. The following deadline information pertains to arrests occurring on and after 1/1/09: You will need to make your request for a hearing within 20 days from the date you received the notice of your arrest and include a check for $200. The $200 filing fee may be waived if you are indigent. If you fail to timely request a hearing with the DOL, your license suspension or revocation will go in effect automatically on the sixtieth day from the date of your DUI arrest. Remember: Twenty days. If you are one day late in requesting your hearing, you will have given up the opportunity to defend against your automatic license suspension. This is true even if you have valid legal defenses to the DOL action and even if you are found innocent of the DUI charge.

New legislation effective 1/1/09 permits a driver to apply for an ignition interlock license that would avoid license suspension but limits driving a personal vehicle to driving only a vehicle that is equipped with an ignition interlock device. There are a number of concerns and tactical decisions pertaining to choices to be made soon after a DUI arrest under Washington's new DUI law effective 1/1/09. We have posted forms you may need here.

For most people, the opportunity to fight to save the driver's license is critical. You should contact the best DUI defense attorney you can find immediately after your DUI arrest so that you can be sure you have not missed any mandatory deadline affecting your privilege to drive. Experience counts. A good attorney will know what to do to help you. Our firm has a section of the firm dedicated to and focused upon saving your license in DOL hearings and collectively, we have over 100 years legal experience.