December 17, 2014

Fee Increase to Request Administrative DOL Hearing

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Washington DOL Increases Fee for DUI Administrative Hearing Requests | Washington DUI Washington DUI Google+ HomeAbout Our FirmYour DUI DefenseDUI Facts and InfoBlogContact Recent Posts DUI With Child in Car? Preparing for CPS Referral in Washington DUI Cases Challenges, Stays and Early Reinstatements of HTO License RevocationsPhysical Control in Washington - Confusion, Elements and DefensesSeattle and Washington State Marijuana DUI LawFee Increase to Request Administrative DOL HearingNew Washington DUI Laws Address Reckless Driving, Home Detention And HuffingReductions From DUI to Reckless Driving No Longer To Result In Additional License SuspensionsDUI Victims Panel, Attend Early, Be ProactiveDUI Emphasis Patrols for King, Pierce and Snohomish Counties Announced for St. Patrick's DaySeattle Police Officer Arrested For DUI; Refuses Field Sobriety TestsMore Fee Increase to Request Administrative DOL Hearing Submitted by tcmilios on Tue, 10/02/2012 - 12:20pm

Effective October 1, 2012, the State of Washington now requires that any driver arrested for a DUI who either refuses a breath/blood test or provides a blood or breath sample in excess of the .08 legal limit, must now pay an administrative fee of $375.00 in order to contest the proposed license suspension or revocation.  This represents an almost 100% increase above the previous fee of $200.00.  Despite the fact this new law did not take effect until October 1st, the DOL's position is that the fee applies retroactively so that even in incidents prior to October 1st, the new fee must be paid.  Given the 20 day deadline to request a hearing, the new law effectively applies to all incidents that occurred on or after September 11, 2012.  A word of caution: for all incidents that occurred prior to October 1, 2012, it is likely that the hearing request form provided to the driver will state that only the $200 fee must be provided.  Per the Department of Licensing, any request made after October 1st that does not include the increased fee will be denied.  Whether the applicant would be given the opportunity to provide the difference remains to be seen.  Further, it is also likely that even after October 1st, law enforcement will continue to provide the old outdated forms. 

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The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs. The most commonly used terms are DUI, an acronym for Driving Under the Influence, and DWI, an acronym for Driving While Impaired.
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