DUI – What Issues can be Argued at my DOL Hearing?
You’ve been pulled over for DUI, have requested your Administrative Hearing and have your Administrative Hearing coming up. You keep thinking to yourself, you really need to drive because you have responsibilities like work, children, spouse, etc.
Per the DOL’s pamphlet regarding Administrative Hearings for Driving Under the Influence (DUI) only a handful of issues can be appealed. Although other legal issues may be brought up during the hearing, the DOL lists the below main issues:
1. Whether you were placed under arrest.
2. Whether the officer had reasonable grounds to believe you were drinking or were in physical control of a motor vehicle while under the influence of alcohol or drugs.
3. Whether you were advised of the Implied Consent Warnings contained in the law.
4. Whether you refused a breath or blood test.
5. If you took a breath or blood test, did the results exceed the legal limits of:
a. .08 or more if you are the age of 21 or older
b. .04 or more if you were driving a commercial vehicle
c. .02 or more if you are under the age of 21
6. Whether the breath or blood was administered in accordance with the statute of the Washington State Toxicologist Rules.
Unfortunately, the hearing officer cannot/will not consider your need to drive when making a decision whether your license suspension will be sustained or dismissed.
What do I do now?
DOL Administrative Hearings can be difficult to argue and it is important that you at least speak with a seasoned, respected and knowledgeable DUI attorney before your hearing. If you have been pulled over for DUI: remember, you only have 20 days to request this hearing. It is always best to speak to a DUI attorney as soon as possible so that you receive all important information regarding DUI consequences, including your pending license suspension. Our office is here for you; feel free to contact us to set up a free consultation (206) 382-9200.