In a previous article I discussed the process of requesting a Department of Licensing (DOL) hearing. I now turn to what takes place at a DOL hearing. It is once again important to remember that a DOL hearing is an administrative hearing which is conducted in a different tribunal than the DUI charges which you face in criminal court.

At a DOL hearing, a hearing officer as opposed to a judge is the adjudicator who will decide on whether your license will be suspended or revoked.In contrast, in a criminal court a judge will preside over the criminal charges of DUI where you can face criminal penalties based on whether or not there is a finding of guilt on the DUI or related charges. The hearing takes place telephonically which usually means that you participate in the hearing while seated in your attorney’s office. I will now explain what takes place during the DOL hearing verbatim from DOL’s website.

The hearing officer will only consider four issues in your case which are as follows:

1.Whether you were under lawful arrest

2.Whether an officer had reasonable grounds to believe you had been driving or were in actual physical control of a motor vehicle in this state while:

a.Under the influence of intoxicating liquor or any drug.
b.Having alcohol in your system of 0.02 or more and were under the age of 21.

3.Whether you were advised of your rights and warnings as required by RCW 46.20.308(2).

4.Whether you refused to submit to the test.
or If the test was administered, whether the test indicated an alcohol concentration of:

a.0.08 or more if you were age 21 or over or
b.0.02 or more if you were under 21.

So what happens during the DOL hearing? The following is a pretty standard step by step process of what takes place during your DOL hearing:

1.The hearing examiner will begin the telephone hearing by advising you that all testimony will be recorded and that all testimony provided is under oath.

2.The hearing examiner will announce the hearing, review the issues to be decided, and identify the prepared exhibits (such as a copy of the police report). You may object to the admission of evidence or testimony. If you object, the hearing examiner will decide whether to admit that evidence or testimony.

3.The hearing examiner will swear in all the witnesses and listen to the testimony. You may testify, present evidence, cross-examine any of the state’s witnesses, and bring your own witnesses.

4.The hearing examiner will review the evidence and make a decision about the suspension or revocation of your license. This review may take up to 6 weeks from the date of the hearing. If your license is otherwise valid, a temporary license will be extended until you receive the hearing examiner’s decision.

5.We’ll mail a letter informing you of the hearing examiner’s decision to your address of record.

What are your legal rights at a hearing? Your legal rights at a DOL hearing are as follows:

1.You have the right to be represented by an attorney at your own expense, or you may represent yourself.

2.You may request that we subpoena the arresting officer or other witnesses to appear at the hearing. You should contact the hearing examiner before your hearing if you wish to have a witness subpoenaed.

3.You may question the witnesses that appear.

4.You may review the police report or other documents submitted as evidence.

5.You may present evidence, call your own witnesses, and testify on your own behalf.

6.We’ll provide an interpreter if you request one.
In addition to knowing the information provided above concerning your DOL hearing, it is critical to keep two other important things in mind. First, you must appear at your hearing even if the criminal charges have been dismissed or reduced. The suspension or revocation of your license resulting from your arrest is separate from the one resulting from a court conviction. Second, If you miss the deadline for requesting a hearing or fail to appear when scheduled, your driver license will be revoked or suspended even if you’ve already taken care of the related criminal charges.

If you are facing allegations of DUI and are searching for a DUI attorney or DUI lawyer then M. Varn Chandola of DUI Law Firm is here to represent you. Varn is an experienced DUI lawyer who prides himself in going all out for the client while maintaining reasonable attorney fees. While the offices of DUI Law Firm are located in Seattle and Bellevue, Varn Chandola can meet clients in the cities surrounding or near Tacoma, Seattle DUI Lawyer and Bellevue at a time a place convenient to you. In other words, if you can’t come to DUI Law Firm, then DUI Law Firm will come to you. Please call Varn Chandola at (206) 356-5152 or visit DUI Law Firm at www.duilawfirmwa.com.