Do I have the right to an Administrative Hearing before my license is suspended?

Yes, and we will assist you in filing the proper request for a hearing. It must be filed within 30 days from the date of your arrest. The hearings are done telephonically and the issues are as follows:

BAC reading .08 adult

  • Whether you were arrested by a law enforcement officer who had reasonable grounds to believe that you were driving or in actual physical control of a motor vehicle while under the influence of alcohol or drugs;
  • Whether you were advised of your implied consent warnings as required by law;
  • Whether a valid test was administered, including:
    (a) Whether the officer was certified by the State Toxicologist as an operator on the BAC machine;
    (b) Whether your mouth was checked and found to be clear of foreign substances, and that you did not vomit or have anything to eat, drink or smoke for at least 15 minutes prior to providing the breath samples; and
    (c) Whether a breath test ticket was produced showing a valid test according to WAC 448-13-050 and WAC 448-13-060 (BAC ticket must be submitted as evidence.
  • Whether the results of the test indicated an alcohol concentration of .08 or above for adults or .02 or above for juveniles.

Refusal to take the BAC test

  • Whether you were arrested by a law enforcement officer who had reasonable grounds to believe that you were driving or in actual physical control of a motor vehicle while under the influence of alcohol or drugs;
  • Whether you were advised of your implied consent warnings as required by law;
  • Whether you refused the BAC test.