Will You Lose Your License if You get a DUI?
As addressed in the previous blog post we will be focusing on DUI’s for the holidays. You have received a DUI and now you are not sure what is going to happen with your license.
Taking Care of Business
If you are a arrested for a DUI there are 2 separate legal processes that you need to handle, the criminal process and the administrative process with the Department of Licensing. The administrative process with the Department of Licensing can be confusing and worrisome. Rick can help you with both process, and help calm your fears of losing your license.
How Long is my License Good For?
Your driver’s license will be valid for 60 days from the date of the arrest of the DUI. A suspension of your driver’s license will begin 60 days from the date of your DUI arrest. You however do have options to try to keep your license valid. When you are arrested for a DUI, you have the option to request a hearing with the Department of Licensing to contest the suspension. The request for the contested hearing needs to be submitted to the Department of Licensing within 20 days of your arrest for the DUI.
Once a Department of Licensing hearing is set you may represent yourself at the hearing, however, when you hire Rick for representation for your DUI, he will also assist you with the administrative side of the DUI process. The hearing will be held by telephone. So if you hire Rick, he will handle the telephone hearing for you.
What will the Department of Licensing Consider?
During your DUI Department of License hearing there will be several things that the hearing examiner will consider. He or she will consider whether or not you were under lawful arrest, whether or not the officer had reasonable grounds to believe you had been driving or were in physical control of a motor vehicle in the state of Washington while under the influence of intoxicating liquor or any drug, whether or not you were advised of your rights and warnings, whether or not you refused to submit to a test, or if the test that was administered indicated an alcohol concentration of 0.08 or more if you were 21 or over or 0.02 if you were under the age of 21.
What to Will Happen During the Hearing?
If you hire Rick for representation for your DUI, he will handle the actual Department of Licensing telephone hearing. However, if you chose to handle the hearing on your own you can expect the following to occur. The telephone hearing will begin by the examiner and he or she will advise you that all the testimony will be recorded and that all the testimony provided during the hearing is under oath. The examiner will then review the issues to be decided, and identify the exhibits. Exhibits may include the police report and breathalyzer report. You have the opportunity at this time to object to the admission of evidence or testimony. If there is an objection made, the examiner will consider the objection, and determine if it is appropriate to admit the evidence or testimony. All the witnesses will be sworn in and then the examiner will listen to their testimony. At this point you have the opportunity to testify, present evidence, cross-examine any of the state’s witnesses, and you may bring your own witnesses to the hearing. The hearing examiner will adjourn the hearing and the hearing will conclude. At this point the hearing examiner will review all of the evidence that was submitted during the hearing and will make a decision about the suspension or revocation of your license. The review process may take the hearing examiner up to 6 weeks from the date of the hearing. If your license is valid, a temporary license will be extended to you until the hearing examiner makes the final decision. The examiner will mail a letter to the address that you have on record notifying you of the decision.
Give us a Call
If you find yourself in the unfortunate situation of receiving a DUI, please don’t hesitate to give Rick a call. He is an experienced DUI attorney and has been handling DUI cases since 1992. We can help you with the Department of License hearing process. It can be a very complicated and intimidating process.
If you’ve just been pulled over or have received a DUI and would like Rick to represent you - give us a call or drop us an email, we’ll get right back to you.
If you have any questions at any time throughout the process you can always call and ask the office - we are more than happy to help.
Connect with Us
With the holidays approaching we have decided to take the next couple months to focus on DUI’s in our blog posts. Come and connect with us on social media. If you use any of the networks below, we’d love to hear from you - come say hi. We are active participants in the local community and share more than just legal information.