RECEIVED A DUI? YOU ONLY HAVE 7 DAYS TO RESPOND! GET AN ATTORNEY NOW!
Washington State law has changed, you must respond within 7 days! Many references still show 30 days as the amount of time you have to respond, NOT TRUE, anymore!
Contact an Attorney now! Call us for a free consultation. Call for advice, even if you don’t expect to be able to hire us. Phone: (425) 259-4510
No Hearing Requested:
If no hearing is requested, license or permit will be a temporary license for 30 days from either the date of arrest or from date of notice if notice was given by DOL.
Requesting a DUI Hearing:
A person has 7 days after they have been served written notice to request in writing a formal hearing. If mailing in the request, the postmark must be within 7 days of the receipt of notification.
Application fee remains $375.00
DOL Hearing Timeline:
The DOL hearing shall be held within 30 days (excluding Saturdays, Sundays, and legal holidays) following the date of timely receipt of the formal request for hearing.
“Timely receipt” is not defined specifically in the RCW or WAC so it will be unclear when the 30-day count will start
If the DOL gave notice following a blood test, the DOL hearing shall be held within 30 days (excluding Saturdays, Sundays, and legal holidays) of the date of notice given.
Notice is deemed to be given on the third day after the notice is deposited into the state mailing service (WAC 308-101-030).
Notice of DOL Hearing:
DOL must give 5 days’ notice of the hearing to the person unless otherwise agreed to by the department and the person.
The 5 days’ notice required for hearings should mean 5 business days’ notice of the hearing (WAC 308-101-030)
We advise you to contact an attorney immediately following an arrest so that you are well advised and can receive proper counsel.
WAC 308-103-010 thru 308-103-190 was repealed.
Replaced with 308-101-010 thru 308-101-260.
The changes seem focused on aligning the WAC with the new RCW that will go into effect.
308-101-030: Computation of time
The request for a hearing is deemed complete on the day the request is postmarked, or if electronically sent, the date the request is received by the department.
Section 2 indicates that periods less than seven days, will not include weekends or legal holidays
308-101-080 Hearing Request
The WAC removes the bulk of the definition and explaining about Indigence and fee waivers and just indicates that the form approved by the DOL must be submitted with the hearing request
If the DOL denies the application for fee waiver, the petitioner will be given 10 additional days to submit payment of the hearing fee
Denial of hearing for untimely filing may be set aside if good cause is shown by the petitioner
308-101-130: is a new section that deals with agreements to schedule hearings past the 30-day time frame required by law.
Any continuance request will be presumed to waive the 30-day time frame
If the requester of the continuance affirmatively declines to agree to extend the time frame, the DOL will likely just continue with the original hearing date
If it is impracticable to hold the hearing within the 30-day time frame once a timely hearing request had been made, the DOL must stay the license suspension
Must be properly served 5 business days prior to the hearing
We can help you, we will stand by you and you will not be alone in court.
If your license was punched, or if you blew a police station breath test of .08 or higher, your license is already in temporary status and will be suspended or revoked. The fact that you were not held at jail, were not required to post bail, were not given a ticket, were not given a court date, or were driven home by a friendly officer, makes no difference. To avoid the automatic recall of your license, you must file a written request for an administrative hearing, along with a $375 hearing fee, within 7 days (not 30 or 60) of the date you were stopped by the officer. NOTE: The $200 hearing fee increased to $375 on October 1, 2012.
Otherwise, the suspension or revocation that started the date you were stopped becomes automatic. The 60 days mentioned by the Department of Licensing is merely the court-ordered delay to allow you to attempt to reverse the “guilty until proven innocent” action already started against your driving privilege. Your license suspensions will be for 90 days, 1 year, 2 years, or more, depending on your past record.
If you received any NOTICE OF INFRACTION(S) at the time of your stop, YOU HAVE ONLY FIFTEEN (15) DAYS to send your signed request for a hearing to the court. If you forget, or are late, the court will issue an FTA (failure to appear) notice which will trigger an immediate suspension of your drivers license and increase the penalty. Once paid, the suspension and the FTA will be lifted; however, they will still appear on your driving record for the next five (5) years.
Call my office immediately for full information and free help filing the paperwork correctly to save your license. Phone: (425) 259-4510
Get Attorney Advice - Remember, all attorneys offer free consultations. I will be happy to give you a free consultation even if you don't expect to be able to afford my services.
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