FREE CONSULTATION GUIDANCE DUI LAWS DMV & YOUR LICENSE
       
     
   
   
   
Home   Domestic Violence   Criminal Driving   Traffic Tickets   Web Resources   Contact Us   Cahoonbooks
Copyright © 2010 The Cahoon Law Office - All rights reserved.

Washington Drunk Driving Attorneys Disclaimer: The DUI Defense, Drunk Driving, DMV Drivers License Suspension, Driving Under the Influence, Driving While Intoxicated or other DUI defense information presented at this site should not be considered formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a Washington State drunk driving lawyer or attorney for a free initial consultation. This web site is not intended to solicit clients for matters outside of the State of Washington.

My DUI defense law firm serves the following Western Washington communities, among others: Snohomish County, King County, Skagit County, Alderwood, Arlington, Bellingham, Bothell, Brier, Camino Island, Darrington, Edgewood, Edmonds, Everett, Gold Bar, Granite Falls, Index, Lake Stevens, Lynnwood, Marysville, Mill Creek, Monroe, Mountlake Terrace, Tulalip, Mukilteo, Silvana, Smokey Point, Snohomish, Stanwood, Sultan, Woodway, Anacortes, Bow, Burlington, Clearlake, Concrete, Hamilton, La Conner, Lyman, Marbelmount, Mount Vernon, Sedro Wooley, Bellevue, Kirkland, Lake Forest Park, Mercer Island, Redmond, Seattle, Shoreline, Woodinville.

I also serve the following Zip Codes: 98011, 98012, 98020, 98021, 98026, 98033, 98034, 98036, 98037, 98043, 98046, 98052, 98072, 98082, 98087, 98201, 98203, 98204, 98205, 98206, 98207, 98208, 98213, 98223, 98241, 98251, 98252, 98256, 98258, 98259, 98270, 98271, 98272, 98273, 98274, 98275, 98287, 98290, 98291, 98292, 98293, 98294, 98296
Locations
Payments
Click here to make
an on-line payment
 
New book by Craig Cahoon
for the families of those facing criminal charges
"What Do I Do Now?" Book Cover

DMV Hearings
Excerpts from the Washington DOL website

After you are stopped for a DUI, the officer will send in to the Department of Licensing (DOL) a Report of Breath | Blood Test for Alcohol.  This will notify DOL to begin an Administrative Action against your driver’s license.  You can challenge this action if you request a hearing within 20 days of being stopped by the police.

During your DUI hearing, the Hearing Officer will consider:

What happens at a hearing?

   1. The Hearing Officer from the Department of Licensing will begin by “going on the record.” This means the tape recorder will be turned on and the hearing will start. All hearings are tape-recorded, and may be conducted by telephone.

   2. The Hearing Officer 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 Officer will decide whether to admit that evidence or testimony.

   3. The Hearing Officer will swear in all 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 Officer will review the evidence and make a decision about the proposed administrative action. This review may take up to 2 weeks from the date of the hearing. If your license is otherwise valid, a temporary license will be extended until you receive the Hearing Officer’s decision.

   5. If the Hearing Officer decides in your favor, the proposed action will be dismissed. If the Hearing Officer does not decide in your favor, the proposed suspension or revocation will take effect. You will receive written notification about the effective date and the length of the suspension or revocation, as well as information on how to reinstate your driving privileges following the suspension or revocation. The decision may be appealed through Superior Court and information about the appeal process is included in the notification letter.

 

What are my legal rights?

    * You have the right to be represented by an attorney at your own expense, or you may represent yourself. If you have a court appointed attorney, they will ordinarily not represent you at the administrative hearing.

    * You may request that we subpoena the arresting officer or other witnesses to appear at the hearing. You should contact the Hearing Officer at least two weeks before your hearing if you wish to have a witness subpoenaed.

    * You may question the witnesses that appear.

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

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

    * We will provide an interpreter if you request one.

 

What if I disagree with the decision? Can I appeal?  

Yes, you have the right to appeal to the superior court in the county where you were arrested.

 

How to appeal

You have 20 days after you receive the Hearing Officer’s decision to file your appeal. Follow the instructions provided with your copy of the Hearing Officer’s written decision.

 

Fees

When you file for an appeal, you will be required to pay a court filing fee and a fee to obtain the Department of Licensing’s record of the hearing.

What will happen at the appeal?

The appeal is a “record review.” This means you will not have a new trial or the opportunity to present evidence again. Rather, the superior court judge will review the testimony and exhibits that were admitted at the original hearing to determine whether the Hearing Officer’s decision should be reversed.

Do I still need to appear for my administrative hearing if the criminal charges have been dismissed or reduced?

Yes. The suspension or revocation of your driving privileges is a separate action that must be handled separately from the criminal charge. You may be found “not guilty” of the criminal charge in court, but your driving privilege may still be suspended by an administrative action. On the other hand, the Hearing Officer may dismiss the administrative action, and you may still be found “guilty” in criminal court.

What if I don’t request a hearing before the deadline or miss my hearing?  

If you miss the deadline for requesting a hearing or fail to appear when scheduled, your driving privilege will be revoked or suspended even if you have already taken care of the related criminal charges.

?>
HOME

ATTORNEY PROFILE

10 TIPS IF YOU GET
STOPPED FOR DUI


TOP DUI QUESTIONS

WAYS TO FIGHT YOUR
DUI AND WIN!!!
What is a DUI?

Breath Test Refusal

Reading your ADR

BAC Ticket Explained

Alcohol Evaluations
License Suspensions

DMV Hearings

Underage Drivers

Driving without a License

Ignition Interlock License
  Bookmark and Share
Translate
Experienced and Aggressive Criminal Defense
.
How DUI Court Works

DUI Penalties

Charge Reductions

Deferred Prosecutions

Court Watch
How may I help?

Call 866.529.5383

Fax 360.322.7360

cahoonlaw@gmail.com

Mailing:

The Cahoon Law Office
3405 - 172nd Street NE, #5-242

Arlington, WA 98223

Meetings (appt. Only)

122 East 5th Street
Arlington, WA 98223
Google Map to Building