Administrative License Revocation Process (License Suspension Hearing)

The amount of time you have until the suspension takes effect after you are cited for a DUI depends on the type of offense.

License suspensions can last from 90 days up to 4 years, based on prior offenses and your blood alcohol level.

At the Administrative Hearing the Hearing Officer will consider factors such as:

• Whether you were lawfully placed under arrest.
• Whether the officer had reasonable grounds to believe one of the following:
  • You were driving or were in actual physical control of a motor vehicle while under the influence of alcohol or drugs.
  • You were under the age of 21 years and were driving or in actual physical control of a motor vehicle after consuming alcohol.
• Whether you were advised of the Implied Consent Warnings.
• Whether you refused the breath or blood test.
• Whether the breath or blood test exceeded the legal limits:
  • .08 or more if over age 21,
  • .02 or more if under age 21.
  • .04 or more if driving a commercial vehicle.
• Whether the breath or blood test was administered according to the law and Washington State Toxicologist Rules.

Even if there is a successful outcome at a license hearing, the court can still find you guilty of DUI.

If the court reduces the DUI to Reckless Driving, your driving record will show the reduced charge but the reduced charge does not affect the administrative action taken. Any license suspensions, revocations, or disqualifications will not be reduced or changed if a court reduces the criminal charge.

While your driver license is suspended or revoked, you may be eligible for an Occupational/Restricted License (ORL) that will allow you drive to work or other necessary appointments until the suspension is over.

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Department of Licensing - DUI Administrative Sanctions and Reinstatement Provisions
(As amended through July 1, 2007)

ADMINISTRATIVE SANCTIONS - RCW 46.20.3101
REFUSED TEST	First Refusal Within 7 Years And No Prior Administrative Action Within Past 7 Years	Second or Subsequent Refusal Within Past 7 Years OR First Refusal And At Least One Prior Administrative Action Within Past 7 Years (Day for day credit for revocation period already served under suspension, revocation, or denial imposed under RCW 46.61.5055 and arising out of the same incident.--RCW 46.20.3101(4))
Adult	One Year License Revocation	Two Year License Revocation
Minor	One Year License Revocation	Two Year License Revocation Or Until Age Twenty-One Whichever Is Longer
ALCOHOL CONCENTRATION TEST RESULT	First Administrative Action	Second or Subsequent Administrative Action
Adults With 0.08 or Greater	90 Day License Suspension	Two Year License Revocation
Minors With 0.02 or Greater	90 Day License Suspension	One Year License Revocation Or Until Age Twenty-One Whichever Is Longer

Note:

An individual convicted of DUI or physical control will have his/her driving privilege placed in probationary status for five years from the date he/she is eligible to reinstate his/her driver's license (see RCW 46.61.5055 and 46.20.355). An individual granted a deferred prosecution under RCW 10.05.060 will have his/her driving privilege placed on probationary status for five years from the date of the incident, which was the basis for the deferred prosecution (see RCW 46.20.355 and 10.05.060).

REQUIREMENTS FOR REINSTATEMENT OF DRIVING PRIVILEGE
Suspended License* (RCW 46.20.311)	Revoked License* (RCW 46.20.311)
File and maintain proof of financial responsibility for the future with the Department of Licensing as provided in chapter 46.29 RCW Present written verification by a company doing business in this state that it has installed the required ignition interlock device on a vehicle owned and/or operated by the person seeking reinstatement Pay $150 driver's license reissue fee Driver's ability test NOT required	File and maintain proof of financial responsibility for the future with the Department of Licensing as provided in chapter 46.29 RCW Present written verification by a company doing business in this state that it has installed the required ignition interlock device on a vehicle owned and/or operated by the person seeking reinstatement Pay $150 driver's license reissue fee Satisfactorily complete a driver's ability test

If suspension or revocation is the result of a criminal conviction, the driver must also show proof of either (1) enrollment and satisfactory participation in an approved alcohol treatment program or (2) completion of an alcohol information school, as determined by the court and/or treatment agency.

TEMPORARY RESTRICTED DRIVER'S LICENSE, RCW 46.20.380, RCW 46.20.391

RCW 46.20.391 provides for a temporary restricted license: $100 fee; proof of functioning ignition interlock and financial responsibility; demonstrated necessity