Preparing for a hearing

What happens at a hearing?

The Hearing Officer from the Department of Licensing will begin by “going on the record.” This means the tape recorder will be turned on and the hearing will start. All hearings are tape-recorded, and may be conducted by telephone.
The Hearing Officer will announce the hearing, review the issues to be decided, and identify the prepared exhibits (such as a copy of the police report). You may object to the admission of evidence or testimony. If you object, the Hearing Officer will decide whether to admit that evidence or testimony.
The Hearing Officer will swear in all witnesses and listen to the testimony. You may testify, present evidence, cross-examine any of the state’s witnesses, and bring your own witnesses.
The Hearing Officer will review the evidence and make a decision about the proposed administrative action. This review may take up to 2 weeks from the date of the hearing. If your license is otherwise valid, a temporary license will be extended until you receive the Hearing Officer’s decision.
If the Hearing Officer decides in your favor, the proposed action will be dismissed. If the Hearing Officer does not decide in your favor, the proposed suspension or revocation will take effect. You will receive written notification about the effective date and the length of the suspension or revocation, as well as information on how to reinstate your driving privileges following the suspension or revocation. The decision may be appealed through Superior Court and information about the appeal process is included in the notification letter.

What are my legal rights?

You have the right to be represented by an attorney at your own expense, or you may represent yourself. If you have a court appointed attorney, they will ordinarily not represent you at the administrative hearing.
You may request that we subpoena the arresting officer or other witnesses to appear at the hearing. You should contact the Hearing Officer at least two weeks before your hearing if you wish to have a witness subpoenaed.
You may question the witnesses that appear.
You may review the police report or other documents submitted as evidence.
You may present evidence, call your own witnesses, and testify on your own behalf.
We will provide an interpreter if you request one.

What if I disagree with the decision? Can I appeal?

Yes, you have the right to appeal to the superior court in the county where you were arrested.

How to appeal

You have 30 days after you receive the Hearing Officer’s decision to file your appeal. Follow the instructions provided with your copy of the Hearing Officer’s written decision.

Fees

When you file for an appeal, you will be required to pay a court filing fee and a fee to obtain the Department of Licensing’s record of the hearing.

What will happen at the appeal?

The appeal is a “record review.” This means you will not have a new trial or the opportunity to present evidence again. Rather, the superior court judge will review the testimony and exhibits that were admitted at the original hearing to determine whether the Hearing Officer’s decision should be reversed.

Do I still need to appear for my administrative hearing if the criminal charges have been dismissed or reduced?

Yes. The suspension or revocation of your driving privileges is a separate action that must be handled separately from the criminal charge. You may be found “not guilty” of the criminal charge in court, but your driving privilege may still be suspended by an administrative action. On the other hand, the Hearing Officer may dismiss the administrative action, and you may still be found “guilty” in criminal court.

What if I don’t request a hearing before the deadline or miss my hearing?

If you miss the deadline for requesting a hearing or fail to appear when scheduled, your driving privilege will be revoked or suspended even if you have already taken care of the related criminal charges.

Related laws

RCW 46.20: Drivers’ licenses—identicards
WAC 308-103: Rules of procedure for hearings conducted under rcw 46.20.308