One of the most confusing things for drivers arrested for DUI (or Physical Control Under the Influence) in Washington is that they will face two(2), and often three(3), separate legal cases.

The first case is their DUI /Physical Control court case under RCW 46.61.502 or RCW 46.61.504. They will usually have to appear in court within 14 days of their arrest (or within 48 hours if held in jail). But it may be up to 2 years for Washington State Patrol and County Sheriff DUI cases filed in Snohomish County and King County courts. Especially if a police blood alcohol/drug draw was obtained.

The second case is the Washington Department of Licensing (DOL) DUI/Physical Control administrative license suspension case under RCW 46.61.308. There is an automatic 90 day license suspension (if breath alcohol test over 0.08%) or a 365 day license revocation (if breath test refused) that starts 30 days after the arrest. But a driver can contest this by submitting a DOL Request For DUI Hearing form along with a $375 fee within 7 days of the arrest. If done, then the DOL will schedule a telephone hearing within 30 business days.

A third case exists If the driver also receives a traffic infraction ticket (for speeding, illegal turn, etc) from the DUI arresting officer. The driver may contest the ticket by checking the Contested Hearing box and submitting the ticket to the court within 30 days of arrest. A court date is then set.

Lynnwood, WA Criminal Defense Lawyers

Contact Lynnwood DUI lawyer Paul Hanson at 425-778-7339 for more information.