Steps to Take After DUI Arrest

After an arrest for DUI in Washington State, the next steps can feel overwhelming, especially if this is your first DUI. There are important deadlines and common mistakes that you want to avoid making.

Two separate cases will normally be brought against you:

• The civil case filed with the Washington State Department of Licensing (DUI license suspension hearing). 
• The criminal case filed in the jurisdiction where the arrest or citation occurred.

You have the right to an administrative hearing before the Department of Licensing (DOL) to dispute the pending driver's license revocation. This is the only opportunity to dispute the mandatory license suspension that occurs after a DUI.

The law enforcement officer should have given you a Hearing Request form. This form (along with the $375 hearing fee) must be returned to the DOL within 7 calendar days of your arrest, or there will be an automatic driver's license suspension. If you are a Beckwith Law client, we will handle this paperwork for you, assuming you retain us before the DOL’s deadline expires.

If a DUI license suspension hearing is not requested within this time frame, your right to an administrative hearing is waived and your license will be suspended 30 days after the incident date. You may still drive within this time frame.

At the DOL hearing, your DUI attorney will present a case for why your driver’s license should not be suspended. Since this is a civil hearing, your attorney can represent you without your presence. 

A Hearing Officer (judge) will then decide to uphold or lift your license suspension based on the evidence presented and opposing arguments. This decision only relates to the status of your driver’s license and does not impact the DUI criminal case.

For the DUI criminal case, you are required to appear at every hearing, or a warrant will be issued for your arrest. The police officer may have given you a mandatory court date at the scene. However, it is more likely that you will be summonsed to appear by the WA State court that has jurisdiction over your case.

For example, if a Sheriff or WA State Trooper pulled you over in Pierce County, your case will be in Pierce County District Court. If a Tacoma police officer stopped you, your case will be in Tacoma Municipal Court.

It is important that your address is current with the Washington State Department of Licensing. The address they have on file is used to summons you to appear in court. If you are represented by Beckwith Law, we will look up the future court date for you and make sure that your address is current with DOL.

At Beckwith Law, over 95% of our clients have their DUI charges reduced or dismissed. Even if you admitted to being impaired at the arrest scene, hope is not lost, especially if this is your first DUI. 

Law enforcement is required to follow a highly technical process before they can legally make a DUI arrest. For example, they might have lacked probable cause to pull you over or they may have avoided disclosing that the field sobriety tests and field breath test are optional.

It is a good idea to have a DUI lawyer in your corner that will fight for you and not let your rights be trampled on. At Beckwith Law, we have a proven track record for making DUIs go away in courts that include Tacoma, Seattle, Puyallup, Lakewood, Olympia, Everett, Kent, Federal Way, & throughout Puget Sound. 

We have office locations in Seattle & Tacoma, and we can be called any day of the week (including after-hours) for a free consultation.  

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