Legal Question in DUI Law in Washington

Re: Suspension of License but have not been charged with DUI

Ah yes, you�ve found the ultimate paradox of Washington State�s DUI laws. You can actually be suspended by the DOL for a DUI even if you were not charged with or convicted of that crime. I have had people go to a jury trial and win with a not guilty verdict and still the DOL takes their license. With the DOL, you are guilty until proven innocent. And then sometimes, still guilty even after having been proven innocent.

If your lawyer truly missed the 30-day deadline, then the lawyer may have committed professional malpractice. You could potentially have an ethics and negligence claim against the lawyer and may be entitled to some sort of compensation. But now whether you can get a hearing and have the suspension reversed is up to the DOL since the 30-day window has closed.

If your driving privileges were administratively suspended due to an over 0.08 BAC test and not as a result of a refusal to take the test, you may qualify for an occupational driver�s license so you can drive to and from work. Effective on June 10, 2004, you may also be able to apply for a temporary restricted license, but this is an entirely new kind of license that no one yet knows how or when it will be available. But whatever administrative license you get, you�re going to have to get SR-22 insurance before you can qualify. This will be expensive. Sometimes SR-22 can increase your insurance rates by 500%.

I have seen the DOL take pity on people in your situation, especially if the lawyer steps up and admits to the DOL that it was his fault and not yours that the deadline was missed. The person to contact in Washington State is Mr. Craig Nelson, who is the head of the DOL�s Hearing and Interviews Section. His number is (360) 902-3878. The DOL is quite strict on this 30-day hearing request, so good luck.