Washington DUI Defense and DOL Administrative Hearing Package

WASHINGTON DUI DEFENSE AND DOL ADMINISTRATIVE HEARING PACKAGE

PART I — INTAKE AND CASE SNAPSHOT

Client (Defendant): [_______________________________]
DOB: [__/__/____] WA DL No.: [_______________________________]
Address: [_______________________________]
Phone: [___-___-____] Email: [_______________________________]

Arrest Date / Time: [__/__/____] at [__:__ __M]
Arresting Agency: [_______________________________]
Officer Name / Badge: [_______________________________]
Location of Stop: [_______________________________]
Court: [_______________________________] District/Municipal Court, [_____________] County
Cause No.: [_______________________________]
First Appearance Date: [__/__/____]

Charge Summary

*Priors include any combination of prior DUI/Physical Control/Vehicular Assault/Vehicular Homicide. Look-back is 7 years for misdemeanor, 10 years for felony enhancement (4th DUI within 10 = Class B felony).

Test Status: ☐ Breath (Draeger 9510) ☐ Blood ☐ Refusal ☐ No test administered
Refusal triggers: ☐ 1-year DOL revocation (no priors) ☐ 2 years (1 prior) ☐ 3 years (2+)

PART II — WASHINGTON IMPLIED CONSENT SUMMARY (RCW 46.20.308)

Key Points to Convey to Client:

• By operating on Washington roads, the driver is deemed to consent to a breath test (only) under RCW 46.20.308. Blood requires a warrant, valid consent, or exigent circumstances.
• The officer must read the Implied Consent Warnings for Breath verbatim before requesting the test.
• Refusal of breath: at least 1-year revocation (longer with priors), and refusal can be used as evidence against the driver at criminal trial.
• Test failure (≥ 0.08 for 21+, ≥ 0.02 for under-21): at least 90-day suspension on a first incident.
• The driver may immediately apply for an Ignition Interlock License (IIL) under RCW 46.20.385, which permits driving with a functioning IID and SR-22 in place. Applying for an IIL waives the DOL hearing.
• The driver has the right to additional independent testing by a qualified person of their choosing (RCW 46.61.506); officers must facilitate reasonable access.

☐ Client read Implied Consent Summary ☐ Client signed acknowledgment Date: [__/__/____]

PART III — PENALTY MATRIX (RCW 46.61.5055)

BAC < 0.15 (or no test)

BAC ≥ 0.15 or Test Refusal

Felony DUI — RCW 46.61.502(6)

A 4th DUI within 10 years, or any DUI with prior Vehicular Homicide/Assault while DUI, is a Class B felony.

All cases include 5 years' probation, alcohol/drug evaluation, treatment, victim panel, court costs, and probation supervision fees.

PART IV — DOL HEARING REQUEST (RCW 46.20.308(7))

WASHINGTON STATE DEPARTMENT OF LICENSING
Hearings and Interviews Unit
P.O. Box 9048, Olympia, WA 98507-9048
Fax: (360) 570-7818

RE: Request for Formal Hearing — Implied Consent Suspension/Revocation

Driver: [_______________________________]
WA DL No.: [_______________________________] DOB: [__/__/____]
Date of Arrest / DOL Notice: [__/__/____]
Arresting Agency / Officer: [_______________________________]
Incident No.: [_______________________________]

Pursuant to RCW 46.20.308(7), the above-named driver respectfully requests a formal hearing before the Department of Licensing to contest the proposed administrative action arising from the events of [__/__/____].

Issues to be contested (RCW 46.20.308(8)):
☐ The officer had reasonable grounds to believe the driver had been driving or in actual physical control while under the influence
☐ The driver was lawfully placed under arrest
☐ The driver was informed of the implied consent warnings (RCW 46.20.308(2))
☐ The driver refused the breath test
☐ The breath test result indicated 0.08 or more (0.02 or more if under 21)
☐ The breath test was administered in accordance with WAC chapter 448-16

Hearing Format Requested: ☐ Telephone ☐ In-person (if available)

Fee: ☐ $375 check/money order enclosed ☐ Indigency Affidavit attached (RCW 10.101.010)

Subpoena Requests:
☐ Arresting officer (live testimony)
☐ Breath test operator (BTO) / technician
☐ DataMaster / Draeger logs and certifications
☐ Custodian of records for [agency]

Authorization: I authorize counsel of record to receive and represent at hearing.

Date: [__/__/____] _____________________________________
Driver's Signature

Date: [__/__/____] _____________________________________
Counsel Signature
WSBA No. [_________________]

PART V — DISCOVERY DEMAND (CrRLJ 4.7)

[DISTRICT/MUNICIPAL] COURT OF [___________] COUNTY

STATE OF WASHINGTON v. [DEFENDANT NAME] — No. [____________________]

DEFENDANT'S DEMAND FOR DISCOVERY AND PRESERVATION

Pursuant to CrRLJ 4.7 and Brady v. Maryland, 373 U.S. 83 (1963), Defendant demands disclosure of:

Statements / Records
☐ All statements of Defendant (oral, written, recorded)
☐ Names and addresses of all witnesses with relevant knowledge
☐ Defendant's prior criminal and driving record
☐ Reports, memoranda, and notes of investigating officers
☐ Use of force / arrest reports

Audio / Video
☐ In-car video (ICV) and body-worn camera (BWC) — full, unedited
☐ Booking-room video including breath test sequence
☐ Dispatch audio and CAD
☐ Any cell-phone or third-party recordings in agency possession

Field Sobriety
☐ NHTSA SFST training and re-certification records of investigating officer
☐ DRE certification and 12-step protocol notes if drug evaluation conducted
☐ SFST scoring sheets (HGN, WAT, OLS)

Breath Test (Draeger 9510)
☐ Breath Alcohol Test Result printout (both samples)
☐ Quality Assurance Procedure records
☐ Simulator solution certificate and external standard logs (60-day cycle)
☐ Instrument certification, maintenance, and repair history (2 years)
☐ Source code / software version logs
☐ BTO/BTI certification of operator
☐ Toxicologist declarations and supporting records

Blood (if applicable)
☐ Search warrant application and affidavit
☐ Chain of custody (collection to analysis to storage)
☐ Vacutainer lot, anticoagulant/preservative, draw site
☐ Phlebotomist credentials
☐ Toxicology laboratory bench notes, chromatograms, calibration records
☐ Washington State Patrol Toxicology Lab SOPs and accreditation

Brady / Giglio
☐ All exculpatory evidence
☐ Personnel and IA files of testifying officers bearing on credibility
☐ Prior judicial findings of untruthfulness or Brady listings

Preservation: Defendant demands preservation of ICV/BWC, CAD, breath instrument data, and any other electronic records.

Date: [__/__/____] _____________________________________
Counsel for Defendant
WSBA No. [_________________]

PART VI — MOTION TO SUPPRESS (CrRLJ 3.6)

[DISTRICT/MUNICIPAL] COURT OF [___________] COUNTY

No. [____________________]

MOTION TO SUPPRESS — CrRLJ 3.6

Defendant moves the Court for an order suppressing all evidence obtained on [__/__/____] on the following grounds:

I. Unlawful Stop. The stop was not supported by reasonable, articulable suspicion. State v. Larson, 93 Wn.2d 638 (1980); State v. Z.U.E., 183 Wn.2d 610 (2015); Wash. Const. art. I, § 7.

II. Unlawful Arrest. Officer lacked probable cause to arrest for DUI. State v. Graham, 130 Wn.2d 711 (1996).

III. Implied Consent Warnings Defective. Warnings under RCW 46.20.308(2) were incomplete, inaccurate, misleading, or not given in a language the driver understood. State v. Bostrom, 127 Wn.2d 580 (1995).

IV. Breath Test Inadmissible. State v. Keller, 36 Wn. App. 110 (1983); WAC 448-16.
☐ Operator not certified at time of test
☐ External standard outside acceptable range
☐ 15-minute observation period not maintained
☐ Mouth alcohol contamination
☐ Duplicate samples failed agreement (±10%)
☐ Quality assurance procedures not followed

V. Warrantless Blood Draw. State v. Baird, 187 Wn.2d 210 (2016); Missouri v. McNeely, 569 U.S. 141 (2013); Birchfield v. North Dakota, 579 U.S. 438 (2016).

VI. Statements Obtained in Violation of Miranda / CrR 3.5. Custodial interrogation without warnings.

VII. Right to Independent Test Denied (RCW 46.61.506(6)). State v. Stannard, 109 Wn.2d 29 (1987).

Relief: Suppression of all observations post-stop, statements, SFSTs, breath/blood evidence, and any fruits thereof.

Date: [__/__/____] _____________________________________
Counsel for Defendant
WSBA No. [_________________]

PART VII — IGNITION INTERLOCK LICENSE (IIL) APPLICATION (RCW 46.20.385)

WASHINGTON STATE DEPARTMENT OF LICENSING — IIL Application

Driver: [_______________________________] WA DL No.: [_____________________]
DOB: [__/__/____] Phone: [___-___-____]

Eligibility (RCW 46.20.385) — Confirm all that apply

☐ Applicant has been arrested for, or convicted of, DUI/Physical Control or has had license administratively suspended under RCW 46.20.308
☐ Applicant has installed (or will install) a functioning, manufacturer-approved IID on every vehicle Applicant owns or operates
☐ Applicant has obtained SR-22 high-risk insurance (proof attached)
☐ Applicant has paid the $100 IIL application fee
☐ Applicant has paid the $20 monthly IID account fee (RCW 46.68.340)

Required Documentation

☐ Installer Certification from approved IID vendor
☐ SR-22 Certificate of Financial Responsibility
☐ DOL Form DLE-512-001 (IIL application) completed
☐ Identification and address verification

Waiver Acknowledgment

By signing below, the Applicant acknowledges that issuance of an Ignition Interlock License operates as a waiver of any pending Department of Licensing administrative hearing and any right to appeal the administrative action.

Applicant Signature: __________________________ Date: [__/__/____]
Counsel Signature: ___________________________ Date: [__/__/____]

PART VIII — DEFERRED PROSECUTION PETITION (RCW 10.05)

[DISTRICT/MUNICIPAL] COURT OF [___________] COUNTY

STATE v. [DEFENDANT NAME] — No. [____________________]

PETITION FOR DEFERRED PROSECUTION (RCW 10.05.010)

Defendant petitions for deferred prosecution and alleges:

1. The wrongful conduct charged is the result of or caused by alcoholism, drug addiction, or mental problems for which Defendant is in need of treatment.
2. Unless Defendant is treated, the same or similar conduct is likely to recur.
3. Defendant understands deferred prosecution is available only once in a lifetime.
4. Defendant agrees to:
   ☐ Comply with a court-approved 2-year intensive outpatient program
   ☐ Total abstention from alcohol/non-prescribed drugs for 5 years
   ☐ Install and maintain a certified IID
   ☐ Random testing as ordered
   ☐ Maintain SR-22 insurance
   ☐ Stipulate to the facts in the police report sufficient to support conviction
   ☐ Waive the right to a speedy trial and to contest the charge if removed from program

Date: [__/__/____] Defendant Signature: __________________________
Counsel Signature: ___________________________
WSBA No. [_________________]

PART IX — PLEA-DEAL WORKSHEET

Plea Negotiation Worksheet — RCW 46.61.502/.504

Original Charges: ☐ DUI 46.61.502 ☐ PC 46.61.504 ☐ Other [____________]
Strongest State Evidence: [_______________________________]
Strongest Defense Issues: [_______________________________]

Negligent Driving 1st (RCW 46.61.5249) "Wet Reckless" Note: Common reduction; counts as prior DUI within 7 years if pled to with explicit DUI-related stipulation.

Client decision: ☐ Accept ☐ Reject — proceed to trial Date: [__/__/____]
Client signature: _____________________________ Counsel signature: _____________________________

PART X — TRIAL / HEARING READINESS CHECKLIST

☐ DOL hearing request filed within 7 days (postmark verified)
☐ Subpoenas issued for officer / BTO / records custodian
☐ Defense toxicology expert retained
☐ Discovery audit complete (Draeger logs, ICV/BWC, training records)
☐ CrRLJ 3.6 suppression motion filed
☐ CrRLJ 3.5 confession hearing requested
☐ Alcohol/drug evaluation completed
☐ Mandatory minimum exposure explained to client in writing
☐ IIL vs. hearing decision documented

SOURCES AND REFERENCES

• RCW 46.61.502, 46.61.503, 46.61.504, 46.61.5055, 46.20.308, 46.20.385, 46.20.720, 46.61.506
• RCW 10.05 (Deferred Prosecution)
• WAC chapter 448-16 (Breath Testing)
• State v. Baird, 187 Wn.2d 210 (2016)
• State v. Bostrom, 127 Wn.2d 580 (1995)
• State v. Stannard, 109 Wn.2d 29 (1987)
• Birchfield v. North Dakota, 579 U.S. 438 (2016)
• DOL Hearings: https://www.dol.wa.gov/driverslicense/duihearings.html
• WSP Toxicology Lab: https://www.wsp.wa.gov/forensics/

DISCLAIMER: This template is intended as a working framework for attorneys handling Washington DUI matters. It is not legal advice. Verify current RCW, WAC, and DOL procedures before filing. The 7-day DOL hearing deadline is strict and jurisdictional.