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

You are not entitled to an administrative hearing if your license is suspended as a result of a conviction on the criminal charge. You are, however, entitled to an administrative hearing for suspension actions initiated by the Department of Licensing.

This procedure is separate from the criminal prosecution in the court. In the court proceeding, the court will determine whether you are guilty or not guilty of DUI or enter an Order for a deferred prosecution. In the Department of Licensing hearing, the hearing officer will determine whether or not you refused the test after advisement of your implied consent warning or whether your breath test exceeded .02 as a juvenile or .08 as an adult.

To request a hearing you must complete the request for hearing form provided to you by the officer within thirty days of your arrest. Failure to complete and mail this form waives your right to a hearing. You must mail the form (we recommend certified mail) with a check for $100.00. Thereafter, DOL will send you notice in the mail of your hearing date.

At the hearing, the officer must provide testimony either by sworn declaration or in person relevant to the following issues:

A. BAC reading .08 adult

1. 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;

2. Whether you were advised of your implied consent warnings as required by law;

3. 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.

4. Whether the results of the test indicated an alcohol concentration of .08 or above for adults or .02 or above for juveniles.

B. Refusal to take the BAC test

1. 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;

2. Whether you were advised of your implied consent warnings as required by law;

3. Whether you refused the BAC test.

 
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  © 2003 James Franzen. All Rights Reserved.