So I got a DUI on December 17 2013. I mailed the DoL DUI hearing form 17 days after that happened trying to get as close to the 20 day mark as possible, and now after today it will be 40+ days since I mailed it. If they take too long does it just get dismissed?
Michael’s answer: The Revised Code of Washington (RCW) section 46.20.308(7) requires that a hearing be held “within sixty days following the arrest or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (5) of this section extended, if the person is otherwise eligible for licensing.” So it sounds like they still have time to set a hearing if the catch the error, although they are also required to give you or your attorney at least 10 days notice of the hearing. But note the exception for blood tests which allows them 60 days after notice is given following a blood test. Also, if the breath test was under .08 then there will be no hearing as the Department takes no action in those cases unless you are a minor or were driving a commercial vehicle. Just make sure they have a current address so that you can receive notice should it arrive.
