After an arrest for DUI, you have the right to request a formal hearing to contest the suspension or revocation of your driving privilege.
Your request must be postmarked within 20 days of the date of arrest, or within 20 days of the date the notice was given. If your request is not made within this time frame, you will have waived your right to a hearing.
During your DUI hearing, a hearing examiner will consider:
- Whether you were under lawful arrest.
- Whether an officer had reasonable grounds to believe you had been driving or were in actual physical control of a motor vehicle in this state while:
- Under the influence of intoxicating liquor or any drug.
- Having alcohol in your system of 0.02 or more and were under the age of 21.
- Whether you were advised of your rights and warnings as required by RCW 46.20.308(2).
- Whether you refused to submit to the test.
If the test was administered, whether the test indicated an alcohol concentration of:
- 0.08 or more if you were age 21 or over.
- 0.02 or more if you were under 21.
A DUI hearing will be held even if the criminal charges have been dismissed or reduced. The suspension or revocation of your license resulting from your arrest is separate from the one resulting from a court conviction.
If you miss the deadline for requesting a hearing or fail to appear when scheduled, your driver license will be revoked or suspended even if you’ve already taken care of the related criminal charges.