2019 Changes to DUI and DOL Laws

Posted Monday, January 21, 2019 by Andrew Charles Huff

There are new changes beginning in 2019 for rules effecting challenges to license suspensions by the Department of Licensing. If you have been arrested for DUI the following new laws will now affect you:

1. You must request a DUI hearing within 7 days of the arrest.
2. Your license will be suspended within 30 days of the arrest if you do not request a hearing.
3. The Department of Licensing will only give you five days’ notice of the hearing’s ate and time.

*CHANGES TO THE DEPARTMENT OF LICENSING AND DRIVING PRIVILEGES*

No Hearing Requested:

If no hearing is requested, license or permit will be a temporary license for 30 days from either the date of arrest or from date of notice if notice was given by DOL.

Requesting a DUI Hearing:

A person has 7 days after they have been served written notice to request in writing a formal hearing. If mailing in the request, the postmark must be within 7 days of the receipt of notification.

Application fee remains $375.00

DOL Hearing Timeline

The DOL hearing shall be held within 30 days (excluding Saturdays, Sundays, and legal holidays) following the date of timely receipt of the formal request for hearing.“Timely receipt” is not defined specifically in the RCW or WAC so it will be unclear when the 30-day count will start.

If the DOL gave notice following a blood test, the DOL hearing shall be held within 30 days (excluding Saturdays, Sundays, and legal holidays) of the date of notice given.Notice is deemed to be given on the third day after the notice is deposited into the state mailing service (WAC 308-101-030).

Notice of DOL Hearing:

DOL must give 5 days’ notice of the hearing to the person unless otherwise agreed to by the department and the person. The 5 days’ notice required for hearings should mean 5 business days’ notice of the hearing (WAC 308-101-030)