News for Washington Drivers Recently Arrested for DUI or Physical Control
This is very important information to anyone recently arrested for suspicion of DUI or Physical Control in Washington. The cost to request a hearing with the department of licensing to fight the DOL administrative action has gone up a staggering 75% to $375!
Yes, it is true that i wrote about this fee increase back in April. All of us in the DUI defense bar knew it was coming. I had assumed that the fee increase would apply to arrests occurring on or after October 1. That was the logical assumption since that had been the date set months ago and they would need make sure that new forms to include the increased fee would be provided to the drivers arrested for DUI after completion of the test.
I was wrong.
I found out from several resources this week that the DOL is requiring $375 for anyone who mails (or pays on-line) for a DOL hearing after October 1. Even if their arrest was in the middle of September AND the form from the officer specifically says "$200," they still need to mail $375 if it is postmarked on this past Monday or later.
This is going to be a processing nightmare for the DOL. It is my understanding that they will send out letters to people who only send in $200 after October 1 for an arrest before that date requiring them to pay the additional $175.
So regardless if the form from the arresting officer says $200, people must now pay $375. The DOL website and form have the new fee. And people considering applying for the DUI Indigent Waiver to try and get the fee waived need to know the chances are slim. To be eligible, they need to prove their income is below the federal poverty guideline.
All Requests for Hearings Mailed AFTER October 1 Must Include $375 Fee
People arrested for DUI or physical control might begin to question the merits of spending the money to request a hearing. This decision should never be made alone and only after consulting with a DUI lawyer to discuss all options. And since a person only has 20 days from the date of arrest to formally request a hearing, time is truly of essence.
The attorneys at Wolff Criminal Defense have handled hundreds of DUI DOL hearings over the past decade and can be reached directly 7 days a week at 425-284=2000.