3 reasons you should always request a DOL hearing following a DUI arrest

Often times I meet with potential clients and one of the first questions they ask is whether they should challenge the proposed license revocation that follows a DUI arrest.  Usually they say they spoke with another attorney or a friend and there is a small chance of prevailing.  Due to this they would rather save the money it costs to challenge the proposed revocation and just deal with it.  In my opinion that is incorrect thinking and here are 3 reasons why.

Additional collateral consequences you may not be aware of

Even if you don't drive and you take the bus everywhere.  Having a suspended license due to a DUI can still cause problems down the road.  Here are a few

• SR22 insurance will be required for at least years
• A reinstatement fee will need to be paid when eligible to get license reinstated
• A driver may need to take both written and driving tests again
• A driver could be deemed inadmissible to Canada
• A driver may not be allowed to rent a vehicle for at least 5 years
• Increase in regular insurance coverage
• Much, much more

Interview police officers involved without prosecutor

One of the main reasons I always tell people to challenge the suspension following a DUI arrest is that is where I personally conduct a majority of my investigation for the DUI case.  Because the DOL hearing is like a mini trial you can subpoena witnesses to appear and question them under oath.  In most DOL hearings I subpoena at least the arresting officer.  The reason I do this is two fold.  First if they don't appear and they were properly served a subpoena 9 out of 10 times the suspension will get dismissed.  Secondly if they do appear I get a free deposition with all of the prosecutors witnesses without the prosecutor being there, and everything is recorded.

It's helpful with negotiation

Sometimes I have found the ruling from DOL to be helpful during the negotiation with the Prosecutor in an attempt to get the DUI reduced to a lesser charge.  Obviously if a driver prevails at the DOL hearing and the suspension gets dismissed based on some kind of legal issue that is great.  But even if the suspension gets upheld sometimes Prosecutors are receptive to the idea of reducing the DUI knowing full well that the driver is not getting off scott free and they will face a license suspension.  

Obviously challenging a license suspension is an uphill battle.  However I honestly believe there is more benefit to challenging the suspension and the benefit of it outweighs any cost or the nominal fee.

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About the author:  Matthew Leyba is a DUI Attorney in Seattle, WA.  If you have been arrested for a DUI feel free to contact our law firm to set up a free consultation with a DUI Attorney.  You can also learn more about Leyba Defense PLLC from our website.      

Leyba Defense PLLC has 50% dismissal rate on DOL Hearings in last 20 cases

If you have been arrested in Seattle for a DUI, or in Washington State for that matter then you face two separate legal actions.  One of the legal actions is with the Washington State Department of Licensing.  Depending on whether you took the breath test and you were over the legal limit, or if you declined the breath test, you're facing a suspension of your drivers license or privilege to drive in Washington State.

Now you have the right to challenge this proposed suspension.  However as most DUI Attorneys will tell you it is an uphill battle.  Just to give you an idea of how difficult it is to prevail and avoid the license suspension you need not look and further than the dismissal rates statewide.  These rates vary from year to year, but generally the dismissal rate hovers around 25%.  Meaning statewide 75% of people that get arrested for a DUI in Washington State get their license suspended administratively if they choose to challenge the suspension from DOL.  That fact doesn't give a lot of hope to people, both attorneys, and individuals facing the suspension.

With that being said, Leyba Defense PLLC currently has a 50% dismissal rate in the last 20 DOL Administrative Hearing cases we have defended.  That is twice the statewide average!  How is that possible you ask?  How can one attorney have double the success when it comes to these hearings?  

Well the answer is very simple.  I don't mail it in.  Meaning many so called DUI Attorneys out there look at the statewide average.  Figure they are going to lose the hearing anyway, so why prepare for it?  Why spend time doing something when you're going to lose.  Well obviously I don't agree with this line of thinking, and I think that is probably the biggest reason why I have been so successful recently.

Now obviously winning these hearings have more to do with preparation.  Often times there is a little bit of luck involved.  But in most cases hard work often pays off and being creative with your arguments.  In addition to spending hours preparing for the hearing instead of instead of a few minutes as most DUI Attorneys do, Im able to see things others don't.  Knowing what issues you're looking for, and what issues will be successful with a particular hearing officer is half the battle.  Knowing when to subpoena an arresting officer and when not to is a factor.  Since I have opened my own practice I have spend hundreds of hours perfecting this game plan.

When I first started I spoke with another DUI Attorney who I thought was a good attorney.  I asked him point blank what he does if on the surface he doesn't spot any legal issues that would help him prevail at this hearing.  He told me in those cases he will subpoena the arresting officer.  Hope they don't show up, if they do tell the hearing judge he has nothing and just accept the loss.  Not even try, not even ask any questions, not even may any legal arguments.  I couldn't believe that is how he conducted his practice, and needless to say I don't ask him any questions anymore.  But that is the problem out there.  Not to bag on how other attorneys conduct their practice, but to not even try or not even give it 100% effort is malpractice in my eyes.  And unfortunately in my opinion from what I see out there, a good chunk of Attorneys do this.

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Matthew A. Leyba is a DUI Lawyer in Seattle, WA.  His practice if focused on representing those accused of DUI and other related offenses.  If you have been arrested for a DUI contact our office immediately to set up a free no hassle consultation where we will discuss all your options, what to expect, and how we can help you.  

Don't just give up at the DOL hearing

I can't tell you how many people I meet with that just ask whether they should go ahead and accept the administrative license suspension from the DOL.  It usually goes something like this, "I met with another attorney they said the DOL hearings are impossible to win, so should I just not challenge it and accept the license suspension."  My response is always, "Who the hell told you that!"

I'll admit the DOL hearings are always an uphill battle.  Especially for Seattle DUI Attorneys.    For a couple of reasons really.  First its a civil hearing so the burden of proof is less than in a criminal case.  Secondly it seems like everything is stacked against the petitioner.  The "judge" works for DOL.  They also act as opposing counsel or the "prosecutor" if you will.  And lastly its really in DOL's financial interests to suspend a license because they get money when the license needs to get reinstated.

Now proponents of this process will tell you thats not the case.  That an individual is afforded all the due process rights, blah, blah.  But the reality is in most cases if you're arrested for a DUI then your drivers license is going to get suspended.  I mean statewide there is something like a 25% dismissal rate at these hearings.

What I listed above are just a few factors contributing to that low dismissal rate.  In all honesty I think what really contributes to those numbers are attorneys who just phone in the DOL hearing.  In other words they think they are going to lose, they don't spend any time preparing, and they just go through the motions at the hearing itself.  Their rationale is, hey Im going to lose this hearing anyway, so why put in the time and effort.  I mean after all I think thats just human nature.  You get beat down so many times, you just give up.

Well thats not how my firm does it.  And I think our results speak for themselves.  I put everything possibly into these hearings.  I really treat it like a jury trial.  My goal is to have as much of the case investigated as possible at this early stage.  Meaning all witnesses have been interviewed, all videos have been subpoena'd, I spend several hours preparing for the hearing, another hour or so drafting my cross examination of the officer, another hour drafting my closing argument along with having every case I need handy.  Overall its not uncommon for me to spend anywhere between 10 - 20 hours preparing for this hearing.  Now some Seattle DUI Lawyers probably think thats crazy, but thats just how I was raised.  Not to do anything half ass.

Now obviously I don't win every hearing.  But I feel like I win my fair share, and its above the statewide average.  The reason being is not because Im smarter than other attorneys (most yes), or because Im lucky.  I think the reason being is because I work harder than most if not all other Seattle DUI lawyers.

If you have been arrested for a DUI and you're deciding whether or not to go forward and challenge the suspension.  Do it.  What do you have to lose?  Other than $200.  

To subpoena or not to subpoena that is the question

A few weeks back I was retained on a driving while license suspended case.  The client was suspended administratively by the DOL for a Seattle DUI arrest which was handled by a different attorney.  When I sent a subpoena to DOL to request all the driving records, and all the other documents associated with the suspension I also received the ruling from the DOL administrative hearing.

If you follow this blog you know now that when a person is arrested for a DUI they are given the choice of either taking a breath test or not.  If they take the test then they face a minimum 90 day license suspension if its over the legal limit.  If they don't take the test then they face a minimum 1 year license suspension.  If they want to challenge that suspension then they request a DOL hearing which is done over the telephone.

State wide there is around a 25% dismissal rate at these hearings so they are always an uphill battle.  When challenging these administrative suspensions the accused has two options when it comes to the arresting officer.  They can either subpoena the officer or not.  This is up to the discretion of the Seattle DUI Lawyer.

In my clients case the other attorney who represented him chose not to subpoena the arresting officer and instead made a technical argument about the validity of the police report.  Subsequently they lost, and now my client is dealing with a 1 year license suspension.

But reading that ruling got my thinking when should an officer be served a subpoena to appear at the DOL telephone hearing, and when shouldn't they.  I would say in my practice I subpoena the arresting officer 95% percent of the time.  Maybe more.  Very rarely is there going to be some technicality in the police report that will result in the license suspension.

In addition to that even if there is some minor scribners error in the report, or some technicality you have to consider who the DOL hearing officer is.  Believe it or not there are some hearing officers who have lower dismissal rates than others.  In my clients particular case he had one of the toughest DOL officers, one who is known to have an extremely low dismissal rate.  I could have taken one look at who the DOL officer was, and what this technical argument was going to me and predicted it wouldn't be dismissed.

Now Im not one to really second guess what another attorney does.  But in my opinion you better have a clear cut, 100% you know its going to get dismissed winner to argue a DOL hearing without the officer being present.

If not then why not subpoena the arresting officer.  Remember if they don't appear than that also can get the DOL hearing dismissed, and I would say maybe 2 or 3 out of 10 times they don't appear.  But even if they do, you get a free deposition of the arresting officer without a prosecutor being present.  As a Seattle DUI Lawyer, this is a dream.  Think about it you can pretty much ask the arresting officer anything you want within reason, and they have to answer it.

But to each their own I guess.  This is just my opinion.  Remember if you have been arrested for a DUI, and you're looking for a DUI Attorney to represent you.  Give me a call anytime, and I'll gladly go over all your options including what may happen at your DOL hearing.