Fee Increase to Request Administrative DOL Hearing

Effective October 1, 2012, the State of Washington now requires that any driver arrested for a DUI who either refuses a breath/blood test or provides a blood or breath sample in excess of the .08 legal limit, must now pay an administrative fee of $375.00 in order to contest the proposed license suspension or revocation.  This represents an almost 100% increase above the previous fee of $200.00.  Despite the fact this new law did not take effect until October 1st, the DOL’s position is that the fee applies retroactively so that even in incidents prior to October 1st, the new fee must be paid.  Given the 20 day deadline to request a hearing, the new law effectively applies to all incidents that occurred on or after September 11, 2012.  A word of caution: for all incidents that occurred prior to October 1, 2012, it is likely that the hearing request form provided to the driver will state that only the $200 fee must be provided.  Per the Department of Licensing, any request made after October 1st that does not include the increased fee will be denied.  Whether the applicant would be given the opportunity to provide the difference remains to be seen.  Further, it is also likely that even after October 1st, law enforcement will continue to provide the old outdated forms.