Washington License Hole Punch and License Suspension

Did the officer punch a hole in your driver's license?
If so, the police officer has reported your Washington State DUI arrest to the Department of Licensing (DOL) and the suspension or revocation of your license is imminent. The DOL will take action against your license even if you ultimately are found not guilty of the Seattle DUI or Washington State DUI charge. Even if the police officer did not punch a hole in your license, you still may be subject to the DOL suspension. 

The hole which was punched in your license is an indication that your license will now expire 60 days from the date of your arrest. Within that time, the DOL will move to suspend or revoke your license based upon the report of the police officer. If you took the breath test and the reading was .08 or higher your license will be suspended for a minimum of ninety days and up to two years, depending on your record. If you refused to take the breath test, your license will be revoked for one year and up to two years, depending upon your record.

The DUI arresting officer who punched your license should have given you a notice of suspension and a Driver's Hearing Request form. The officer gives the notice and Hearing Request form to the accused where a breath test is administered and the result was .08 or higher, or where a test was refused. This is required for all arrests where a breath test is administered and the result was .08 or higher, or where a test was refused. If you took a blood test after the DUI arrest, usually the Department of Licensing will send the notice and form to you.

The Hearing Request must be mailed to the DOL within twenty days of the date you received the notice (usually it is received on the day of arrest) along with a check for $200 (waivable if you are indigent) in order to get a hearing to fight the "automatic" suspension/revocation. If you take no action or miss the deadline the DOL will suspend or revoke your license. This is true even if you have valid legal defenses to the DOL action and even if you are found not guilty of the DUI charge.

In January, 2009, a new Washington State DUI law became effective which is called the "Ignition Interlock Law." Pursuant to this law, an individual can avoid the loss of license if he or she is willing to drive with an ignition interlock device installed on their car for the length of the suspension. The law permits an individual to apply for an "Ignition Interlock License" (ILL) even before any suspension has started, whether the suspension is imposed pursuant to administrative action or pursuant to a conviction for DUI. It is important to note, however, that if you apply for an ignition interlock license the law provides that you waive your right to appeal the administrative suspension. In some cases, this means that a driver would be agreeing, in essence, to the imposition of an ignition interlock requirement for a period of 90 days or up to two years (depending upon the record) for any personal vehicle you drive.

If an individual has an ignition interlock license, there is an exception for vehicles owned by an employer and driven by an employee in the course of employment. For these vehicles, no ignition interlock is required, although the ignition interlock would still be required on personal vehicles not driven for work, and is a prerequisite for the waiver.

Find the driver's hearing request form, the ignition interlock license application, and the waiver for employer-owned vehicles here. Proof of installation of the device is accomplished via the Ignition Interlock Status Form, which should be filed by the interlock installer. We suggest that you consult with counsel about the use of these forms.

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