The first proceeding you will typically need to deal with is the Department of Licensing, or DOL. This is separate and independent from any criminal court proceeding or penalties. The DOL will be attempting to suspend your license even if criminal charges have not been filed.

When the officer punched a hole in your license he turned your drivers license into a temporary license good for only 60 days.  The Department of Licensing or “DOL” will then be suspending your driver’s license.  This will happen automatically unless you request a hearing.  The length of the suspension will vary depending on whether you took or failed to take (“refusal”) the breath test and whether your license has been suspended in the past for DUI.  If it is your first offense and you took the breath test the DOL will suspend your drivers license automatically for 90 days unless you request a hearing.

The officer should have given you a hearing request form at the time of your arrest when he punched a hole in your license.  This form is used to request a hearing before the DOL to contest the suspension of your license.  If the officer did not give you a form, you can find a copy on this website under News and Information or we can give you a copy at your initial consultation.  It is critical that you send in the form in a timely manner with a check for $100.00 in order to contest your license suspension.

This office will represent you at all phases of your DUI, including the DOL hearing.  If you win the DOL hearing, there is no license suspension and you can obtain a new license.  If you lose the DOL hearing, the suspension will go into effect.  You will have some options, however.

If you lose the hearing you can appeal the DOL decision.  This appeal must be done within 30 days of the DOL’s decision.  Whether or not this is a good option in your case will depend on the facts and circumstances of your particular case.

If you lose the hearing and the suspension goes into effect you can obtain an occupational permit unless it was a “refusal.”  An occupational permit will allow you to drive to and from work and in the course of employment.  You are only entitled to the occupational after serving the first 30 days of the license suspension.  For instance, if you are suspended for 90 days, you could get an occupational that goes into effect for the last 60 days of your suspension but you would be without a license for the first 30 days.  You will be required to maintain high risk insurance (SR 22 ) to get your occupational.

After your license suspension you will be able to get a new license after paying a re-license fee and providing proof of high risk insurance (SR 22).

Dealing with the Department of Licensing and the maze of technicalities can be daunting.  It is important to have an experienced DUI lawyer on your side helping you every step of the way.