Washington State DUI: DOL Hearing And Implied Consent License Suspension

Did you know that when you get a DUI in Washington State, the first thing that happens is that your license is suspended? In Washington State, driving is a privilege, not a right. One of the requirements to access this privilege is that every time you are behind the wheel, you agree to be sober. You also agree that if you're suspected of a DUI, you're required to take a sobriety test (breathalyzer or other chemical test) and refusal automatically results in license suspension, even before your criminal case begins. It's a major part of the process that can catch many people off guard.

The suspension doesn't just happen if you're convicted. It can occur immediately after your arrest. In fact, you only have a short window of time to request a hearing and challenge your license suspension. Our Tacoma DUI lawyers can help you act fast.

We'll handle all the paperwork, put together a strong argument to protect your license, and represent you through the DOL hearing. For over 30 years, our attorneys have been helping people just like you keep their driver's license after a DUI. We can help you too.

Don't wait. Contact our Tacoma-based team now to start building your defense and ensure you're fully prepared for what's ahead.

A Washington State Department of Licensing (DOL) hearing is a separate legal process from your criminal court case, triggered after a DUI arrest. Under RCW 46.20.308, if you refuse a breath test or have a blood alcohol content (BAC) of .08% or higher, the DOL automatically initiates a hearing within 20 days of your arrest to determine whether to suspend your driver's license.

• Why is it important? A DOL hearing is crucial because it allows you to contest the suspension of your license, potentially avoid a long suspension, and fight for limited driving privileges.
• How do you request it? You must request the DOL hearing within 20 days of your arrest. Otherwise, you lose your right to contest the suspension.
• What happens at the hearing? The hearing officer will review evidence, such as your BAC results and whether the arresting officer followed proper procedures. You can present your defense and challenge the arrest.

If you fail to request the DOL hearing, the DOL automatically suspends your license.

Washington State has an "implied consent" law (RCW 46.20.308). Implied consent means that by driving in the state, you've already agreed to take a breathalyzer or blood test if arrested for DUI. If you refuse, the consequences are serious:

• License Suspension: When you refuse a breath or blood test in Washington State, you get an automatic one-year license suspension for a first offense and up to two years for subsequent refusals.
• No Right to a DOL Hearing: If you refuse the test, you still have the right to a DOL hearing, but the suspension will be upheld unless we can prove that your rights were violated during the arrest.
• Increased Penalties: Refusing the test doesn't stop the DUI process. In fact, it often leads to more severe penalties in both criminal and administrative hearings.

Fortunately, our Tacoma attorneys who specialize in DUI defense can help you.

Yes, your license will likely be suspended if you're arrested for a DUI in Tacoma, but there are options to minimize the impact. Under RCW 46.61.5055, the DOL can suspend your license up to 90 days after a first DUI offense and longer for subsequent offenses. However, you can apply for a restricted driver's license so you can get to work, school, and other essential places.

After over 30 years of practicing law in Washington State, our Tacoma DUI defense attorneys have learned a thing or two about how to protect our clients during DOL hearings. We're always available to answer your pressing questions about DUI DOL hearings, including:

One of the first things the state comes after in a DUI case is your driver's license. Under RCW 46.20.308, Washington's implied consent law, your license can be suspended even if you haven't been convicted yet. The DOL starts the suspension process automatically. You have just 7 days from the date of arrest to request a hearing. That's all.

We've spent years fighting license suspensions for our clients. Our legal strategy begins with attacking the foundation of the stop. We ask:

• Did the officer have probable cause?
• Did they follow protocol under WAC 308-103-070, which governs DOL hearing procedures?

If they didn't, we'd expose it. We've cross-examined officers from Tacoma PD, Pierce County Sheriff's Office, and even JBLM military police who made DUI arrests off base.

Whether your DUI stop happened outside Wild Waves, near Tacoma Mall, or after brunch at Honey at Alma, we'll examine every single procedural detail to look for errors. If the law enforcement officer made a mistake, we will use that mistake to challenge the suspension. We've won with this strategy many times in our 30 years of defending Washington State residents.

Keeping your license isn't just about convenience; it's about keeping your job, supporting your family, and staying independent. We've helped nurses working at St. Joseph Medical Center, long-haul drivers leaving the Port of Tacoma, and students at UW Tacoma avoid devastating license penalties. We fight to secure stays on license suspensions, argue for occupational and ignition interlock licenses under RCW 46.20.385, and present strong mitigation at DOL hearings. We've saved licenses in cases from arrest locations near Point Defiance Zoo, Fort Nisqually, and even during DUI sweeps near Cheney Stadium. Don't wait for the state to make its move. Call us, and let's take action before your license is gone.

You can lose your license fast after a DUI, even before you go to court. If you took a breath test and failed, or if you refused, the DOL will try to suspend your license. You only have 7 days from the date of your arrest to ask for a hearing to fight it. If you miss that deadline, your license will be gone automatically. That's why you need an attorney. We help you file for the hearing on time, prepare your defense, and fight to keep you driving.

If you've been arrested for a DUI in Tacoma, there's more to worry about than just your court date. The DOL starts a separate process to suspend your license, and the clock is ticking. Under RCW 46.20.308, you only have 7 days from your arrest to put in a request with the DOL for a hearing, during which you can legally contest your license suspension. If you don't act quickly, you lose your license automatically. Whether you were pulled over near Point Defiance, arrested on South 38th Street, or caught on the side of the road in Fife, a DOL hearing is your opportunity to fight back. Here's exactly what to expect:

1. Requesting A DOL Hearing: After your arrest, the DOL begins the process of suspending your license. If you don't request a hearing within 7 days of the arrest, you miss the opportunity to contest the suspension, and your license will be suspended automatically. We can help you request the hearing, which will take place at a DOL office in Tacoma or possibly via video conferencing. Whether you were stopped near Tacoma Mall or in the heart of the Stadium District, we get that paperwork filed before the deadline to protect your driving privileges.
2. The Hearing Process: At the hearing, the DOL will review the facts of your arrest. They'll focus on whether the officer had reasonable cause to stop you and whether your BAC test or refusal to test was handled properly. Under RCW 46.20.308(1), the officer must have had "reasonable grounds" to believe you were impaired when they stopped you. We will challenge the evidence from the arrest, the officer's testimony, and the procedures they followed. If you were stopped near the Tacoma Dome, off Highway 16, or along the Ruston Way waterfront, we'll review whether the officer had probable cause and if they followed all legal protocols.
3. Challenging The Suspension: We know how to challenge the suspension based on violations of your rights or mistakes in the process. If your breath test or blood test was improperly administered, we'll point that out. Under WAC 448-16-030, the state has strict rules about how the breath test must be done, and any failure to follow those rules could lead to the breathalyzer or other test results being thrown out. Whether you were stopped in Proctor District, near McKinley Hill, or outside a bar on 6th Avenue, we fight to prove that the arrest or test was improperly handled.
4. The Outcome of the Hearing: After the hearing, the DOL will issue a decision on whether to suspend or revoke your license. If we win, your license is not suspended, or we can negotiate a limited license, such as a work permit. Otherwise, we work to minimize the penalties and fight for the shortest suspension possible. We know the rules around RCW 46.20.385 and RCW 46.20.308 regarding limited driving privileges, so our DUI attorneys will fight for your ability to drive to your job, school, or medical appointments. Whether your arrest was near Gig Harbor or along the Puyallup River, we're here to keep you on the road.

If you win your DOL hearing, we will move forward with defending the DUI charge in court. If you lose, we still have options to appeal the suspension and work with the court to reduce the criminal penalties. Because DUI penalties in Pierce County can be severe, we use every possible angle to protect your rights. From Tacoma's busiest neighborhoods like Old Town and South Tacoma to the quieter areas of Frederickson and Puyallup, we've helped clients fight and win these hearings across the state.

DUI charges are legally complicated, so defending your rights during the DOL hearing process requires local expertise. Call our Pierce County law offices today for a free consultation. Our experienced Tacoma DUI attorneys will review your case and help protect your driving privileges.