Anyone arrested for a Washington State DUI whose alcohol concentration is over the legal limit or who refuses a breath or blood test, faces an administrative license suspension or revocation by the Department of Licensing under the Implied Consent Law (RCW 46.20.308). A person's drivers license is considered "temporary" and set to be suspended or revoked on the 61st day following their arrest.

This administrative suspension or revocation is automatic unless the driver requests a hearing with the DOL within 20 days of the arrest. In addition to submitting the hearing request (either via mail or online), a driver accused of DUI must also submit a fee. Currently, the fee for the hearing is $200. That fee will dramatically increase on October 1, 2012 to $375.

This dramatic increase is the result of a last minute amendment by the legislature to SB 6150. The bill primarily deals with the requirement of facial recognition program for ignition interlock devices. The amendment including the fee increase happened under the radar and on the legislature floor.

As a Seattle DUI attorney, I am quite surprised to see such a dramatic increase to the fee. It was only a few years ago when the fee went from $100 to the current $200. To see it go up to $375 in less than 6 months time leads me to believe that many driver's arrested for DUI will elect to not request a hearing because of the cost.

Even with this startling increase, I still maintain the opinion that anyone who is arrested for a DUI still request an administrative hearing.