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Pursuant to Washington State’s implied consent law (RCW 46.20.308), a driver arrested for DUI faces the imposition of a driver’s license penalty in the form of a suspension or revocation of his/her driving privilege for failing (blowing a .08 or greater) or refusing to take a breath/blood test. Prior to the actual imposition of the penalty, however, there must be ‘due process’; a driver must be afforded an opportunity to be heard about the validity of the possible suspension/ revocation.
Currently, a driver arrested for DUI has 20 days from the date of the arrest to request a hearing to challenge the implied consent suspension / revocation. The request may be in writing via US Postal or it may be done online. There is a $375 fee for requesting this hearing; however the fee may be waived under some circumstances. At a minimum, a driver’s license will remain valid for 60 days after the arrest; in other words, the driver’s privilege to drive will not be suspended/ revoked immediately.
It is important to note that regardless of what happens via Washington’s implied consent laws, a driver arrested for DUI may also face the prospect of losing his/her driving privilege if convicted by a criminal court of DUI. That is right - there are two possible ways to lose one’s driving privilege if arrested for DUI. That may seem unfair, but that is the law.
Any person accused of DUI should consult with a qualified Seattle DUI lawyer. A qualified and respected Seattle DUI lawyer, among other things, can quite possibly save the aggrieved person thousands of dollars in court and insurance fees, the extent of loss of privilege to drive, and the amount of jail time to be served. We have said it before and will say it again, Washington DUI laws are far too complicated for any ol’ attorney to handle. Be smart and consult with a qualified and skilled Seattle DUI attorney when arrested for an alcohol and/or drug related DUI in Washington State.