YOUR COMMUNITY RESOURCE FOR DUI DEFENSE: WASHINGTON STATE DUI BLOG

What does an Ignition Interlock License look like in Washington State in 2011?

Alot of drivers in Washington State are now required to get mandatory Ignition Interlock Licenses (IIL) because they lost the DUI DOL Hearing and/or were convicted of DUI or Physical Control. See attached for a sample of what an IIL looks like in Washington State: Download IIL.sample. You will have to carry this piece of paper with you. Obviously, it cannot be used as a picture ID.  

 

Do I have a valid driver's license in Washington State?

In Washington State, you can always check on the status of your Washington State Driver's License in real-time - anywhere - anytime. You can also check on  your license status if you have another type of license such as an ignition interlock license or commercial driver's license etc. Obviously, if you don't have a valid driver's license do not drive. Remember, unpaid tickets among other things - can lead to a license suspension if ignored.  

See link: DOL License Status

Can I continue my DUI arraignment date in King County District Court?

Probably. You just got notice in the mail of your arraignment Court date and you are supposed to be on vacation or out of town for work. The three main DUI Courts (King County District Court - State Cases) Burien Courthouse, Redmond Courthouse and Seattle Courthouse - all have slightly different procedures for doing so.

Seattle allows you to continue your case by telephone once for 1 week. Redmond and Burien require a Motion to Continue in writing faxed to the Court for presentation to the Judge. However, they will usually allow a continuance once for good cause. Obviously, your DUI attorney can take care of all this for you.

Maximum penalty is reduced by 1 day for DUI's in Washington State

In Washington State, the maximum penalty for a DUI or Physical Control conviction (non-felony) is now 364 days in Jail and a $5000 fine. This change in the law from 365 days to 364 became effective July 22, 2011 and was changed to preclude deportation for non US citizens. Unfortunately, some of our judges would not care about the defendant's immigration status. As a result, the Washington State legislature to their credit decided to fix this injustice. (A sentence of 365 days or more can be very problematic for non US citizens.) 

Of course, there are many other serious ramifications (licensing, ignition interlock device, SR-22 insurance, exclusion from Canada  etc.) from a Washington State DUI or Physical Control conviction.  

How long do I have to request a Department of Licensing Hearing in the State of Washington?

You have 20 days from the date of your arrest for DUI or Physical Control in Washington State to request a Department of Licensing (DOL) hearing. If you do nothing your license will be suspended 60 days from the date of your arrest. You can request a hearing online Online DOL Hearing Request or by mail (my preferred method) and must include $200.00 unless you qualify for a waiver.

This is a civil administrative proceeding with the Department of Licensing and is irrespective of if - or - when criminal charges are filed. You should receive a letter from the Washington State Department of Licensing titled "Order of Suspension". The length of your suspension will depend on your prior DUI/Physical Control history. 

How long does the State of Washington have to file my DUI case?

You were arrested for DUI or Physical Control in Washington State, but no DUI charges were filed. Am I off the hook? No, very unlikely. This is a very common occurrence for State cases (State Patrol and Sheriff), especially in King County, Washington. 

The State of Washington has 2 years to file charges from the date of the incident on a DUI or Physical Control arrest. The typical timeline for filing lately (July, 2011) has been 3-4 months from the date of arrest, but this is not set in stone. Remember, though, you have only 20 days from the date of arrest to request a Department of Licensing (DOL) Hearing. The DOL hearing is a "completely separate" civil matter. Do not make the mistake of doing nothing!