Three options following a DUI administrative hearing drivers license revocation
If you get arrested for a DUI here in Washington State then you face two separate legal actions. One is with the Court system where you will face a criminal prosecution for the DUI. The other legal action is with the Washington State Department of Licensing (DOL) where you will face a possible drivers license suspension. Today, I will talk about what happens following the legal action with the DOL if the drivers license suspension is upheld.
If the drivers license suspension is upheld meaning the drivers license will get suspended for the DUI arrest. There are three options a driver has following this legal action:
First the driver can just choose not to drive during the period of suspension. At the conclusion of the suspension the driver can go to a local DOL office and reinstate their drivers license. Depending on the length of the suspension a driver may have to take both the written and driving portions of the test again. Additionally there will be a reinstatement fee. The driver also has to show proof they have what is called SR-22 insurance.
Secondly the driver can choose to appeal the license suspension to their Superior Court of the County where they were arrested for the DUI. In most cases however the driver will still have to deal with the license suspension, and the process can take up to 1 year.
Lastly the driver can apply for a restrictive drivers license which would allow them to drive during the period of suspension. To qualify the driver must have a valid Washington State drivers license at the time of suspension. Additionally the driver must provide proof of SR-22 insurance, and may be required to have an ignition interlock. An experienced DUI Attorney will be able to provide the exact requirements depending on the driver’s individual circumstances.
Unfortunately in most cases individuals facing a drivers license suspension will have to deal with one of those three options. However the good news is even if a drivers license gets suspended chances are the driver can still drive with a restricted drivers license. A few years ago that was not the case and a 1 year suspension for example meant no driver for 1 year.
About the author: Matthew Leyba is a Seattle DUI Attorney. He is the owner of Leyba Defense PLLC a DUI law firm located in downtown Seattle, WA.