In our last post, we began looking at driver's license suspension in Washington, particularly when your license can be suspended and what happens if it is. Here we'll look at how you go about contesting your suspension.

According to the Washington State Department of Licensing, those who have had their licenses suspended have 20 days to request a hearing on the matter. You can do so either online or by mailing a hearing request. It costs $200 to request a hearing. Indigent individuals the fee may be waived. You can apply for this on the hearing request form.

The Washington State Department of Licensing includes information on its website about appealing license suspensions. Otherwise, information will be provided in your letter of notice for suspension of your license.

The issues that will be considered at the hearing a number of factors, including the following:

  • Whether you were arrested lawfully
  • Whether the officer had reasonable grounds to believe you were driving-or had actual physical control of a motor vehicle-while under the influence of drugs or alcohol, as well as whether you were under 21 years of age at the time of arrest
  • Whether you were provided with the Implied Consent Warnings
  • Whether you refused the breath or blood test
  • If you took the test, whether the results exceeded the legal limits
  • Whether the breath or blood test was given according to state law and regulations

Whether you end up getting your license back will depend on the court's consideration of these and other relevant factors. If you do win your license hearing, but are still found guilty of DUI, your driving privilege will still be suspended as a result of the conviction. If the court reduces your DUI charge to Reckless Drving, your driving record will reflect the reduced charged, but be aware that you will still face any suspension, revocation, or suspension resulting from the DUI charge.

Finally, you are able to get a restricted license, called an Ignition Interlock Driver License, for the period of your suspension of revocation, which will allow you to operate a vehicle set up with an ignition interlock device. If you apply for this restricted license, you do waive your right to a hearing.

More information on this matter can be found on the Washington State Department of Licensing website.

Source: Online: http://www.dol.wa.gov/driverslicense/dui.html, Washington State Department of Licensing, gives an overview of driver's license suspension as related to DUI charges.