DOL Hearing Request
If you were arrested for DUI, the officer should have given you a form with the title, “Driver’s Hearing Request.” This form or application pertains to the commonly known: DUI DOL Hearing. One way to request a hearing is to fill out the “Driver’s Hearing Request” form and send it to the DOL
As a general rule, you only have 7 days from the date you were arrested, to request a hearing with the DOL, whether you submitted to a breath test or refused the breath test. If you do not request a hearing on time, DOL will automatically suspend or revoke your license on the 30th day from the date of the arrest.
If however, your blood was taken, not because you refused the breath test, but because the officer suspected drug consumption or a breath test device was not available, DOL will wait until receiving the blood test results before notifying you of your right to request a hearing. It may take several weeks or even months for DOL to receive the results.
How do I fill out my DOL Hearing Request Form?
Fill in your information completely. Generally, it is best to leave the attorney information blank and allow your attorney to notify DOL that you are represented. In doing this, DOL will send you a copy of your police report, which your attorney is not allowed to give you.
Make a copy of the Driver’s Hearing Request after you fill it out. Send the original form and a check or money order for $375 to the Department of Licensing: PO Box 9031, Olympia, WA 98507-9031. Keep the copy in a safe place for your records.
In general, the best day to send in the request is the 19th day from the date of your arrest. If the 19th day is a day when the post office is not open, the next best day is generally the next earliest day that the post office is open. You may mail it on the 20th day following the date of your arrest, but if you are mistaken about the date of arrest, you could lose your right to a hearing.
Take the envelope to the post office so that you can request a “Certificate of Mailing”. Keep the Certificate of Mailing in a safe place as proof that you sent in your request and that you mailed it on time. Do not send your hearing request to DOL by certified or registered mail or with a return receipt request! These require a signature and that may delay DOL receiving the request.
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You may also request a DOL Hearing online. In order to qualify to request a hearing online, you must:
- Have a Washington driver’s license
- Have taken a breath test, not a blood test, when you were arrested
- Make your online request within 20 days of your arrest using a credit or debit card to make the payment
Whether you send in the request form or request a hearing online, there is a $375 fee to request a hearing, unless you request a waiver due to indigency.
Along with the “Driver’s Hearing Request” form, the officer should have given you a form called a “Hearing Fee Waiver Application” to send in if you would like to request that DOL waive the $375 hearing fee. You must also send in documentation supporting your eligibility for a fee waiver.
You should note that the “Hearing Fee Waiver Application” lists a PO Box address where that form and supporting documents should be sent. The PO Box address for this form is not the same as the PO Box address where you must send the “Driver’s Hearing Request.” However, if you qualify for a fee waiver, include a copy of the “Hearing Fee Waiver Application” and supporting documents with your hearing request so that your request is not be denied for non-payment. Always make a copy of the documents for your records before you mail the originals to DOL.
Applying for a Fee Waiver
You qualify for a waiver of the $375 hearing fee if:
- You are represented by a public defender in your criminal case. You must include a copy of the court order appointing your criminal defense attorney with your application for a fee waiver and with your hearing request. You should ask your public defender or the court clerk for a copy of the form if you do not have one.
- You are currently committed involuntarily to a public mental health facility. You must include a copy of the court order committing you to the facility with your application for a fee waiver and with your hearing request. You should ask your lawyer in the commitment case for a copy of the form if you do not have one.
- You are receiving TANF (Temporary Assistance for Needy Families – DSHS cash assistance), refugee resettlement benefits, general assistance, Medicaid (DSHS medical assistance – “Healthy Options”), poverty-related veteran’s benefits, SSI (Supplemental Security Income), or Food Stamps (DSHS food assistance – “Quest Card”).
- You do not meet one of the requirements above but you filled out the affidavit in the fee application waiver, which includes questions about your income, expenses, and assets, and DOL has approved your application for a fee waiver based on the affidavit.
How to Win a DOL Hearing
“Your first DUI court date is called your arraignment. The arraignment is the formal start of your criminal case that means you’re going to be formally charged with the crime of driving under the influence or any other charges that might be associated with your arrest.”
Watch this video to learn more.
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