What is a hearing? What is an interview? Whenever the Department of Licensing proposes to take administrative action to suspend, revoke, deny or restrict a person's driving privilege, the Department provides an opportunity for the person to request a hearing or an interview to contest the action. Hearings and interviews are conducted by department employees (Hearing Officers) who have no prior involvement with the driver's case. Hearings are more formal than interviews. All hearings are tape-recorded, and an appeal from a hearing decision is taken to superior court. Interviews are not tape-recorded, and frequently serve to provide explanatory information to the driver. Appeal of an interview decision goes to formal hearing before a different hearing officer. Examples of actions that can be contested at a hearing or interview: license suspension for too many citations for moving violations; license suspension under the financial responsibility law (uninsured accidents); license suspension for failure to comply with alcohol treatment requirements; license suspension for medical conditions that may affect your ability to safely operate a motor vehicle; license suspension for fraudulent activities concerning a driver's license; license probation/suspension/revocation for refusal to take or failing a blood/breath test; license revocation under the habitual traffic offender law; administrative Commercial Drivers License (CDL) disqualification for breath or blood test refusal, or for driving with an alcohol concentration of 0.04 or more; a denial of an occupational license, except where the Department is prevented from issuing an occupational license by rule or law; commercial license suspension/revocation for drivers who have tested positive for drugs and/or alcohol. Hearings are not provided for suspensions for: unpaid tickets, court ordered suspensions or revocations. If the administrative action is the result of an arrest for driving while under the influence, a driver is offered a formal hearing. In most other cases, a driver is first offered an informal interview to discuss the facts. The Department action will be withdrawn if the facts result in a finding in favor of the driver. If the driver does not agree with a Hearing Officer's decision to uphold the administrative sanction, he or she may request a formal hearing. What happens at the hearing? A Licensing Hearing Officer is appointed to review the evidence and make a decision about the proposed administrative action. The driver may offer testimony, or the testimony of witnesses, or present documents or other evidence, for the Hearing Officer's consideration. If the decision is in favor of the driver, the proposed action is dismissed, modified or deferred. If the decision is not in favor of the driver, the sanction will be imposed. All hearings are taped and many are conducted by telephone. A driver may be represented by an attorney. Can a hearing decision be appealed? The Hearing Officer's decision can be appealed to superior court. There is a court filing fee and a fee to obtain the department's record of the hearing if the record is required. For actions taken as the result of an alcohol related arrest or an uninsured accident, the court will review the complete record of the hearing, including audio tape. In most other appeals, the court will hear the case with no reference to the departmental hearing. In either case, the court will then decide to uphold or reverse the Department of Licensing's proposed license action. How do I request a hearing? In the case of an arrest for driving under the influence (DUI), the police officer will give the driver a hearing request form at the time of arrest. The request must be post marked and sent to the Department of Licensing within thirty (30) days of the arrest. If the original request form is lost, the request may also be submitted in letter format. A fee of two hundred dollars ($200.00) must accompany the request unless the driver is found to be indigent. The fee is not refundable if the driver cancels the hearing. In all cases except DUIs, hearings and interviews require no hearing fee. Notice of the department's proposed action will include a form to request a hearing or interview. Information regarding instrument records, or the certification of operator, instructors, and technicians is available on-line or from the: Washington State Patrol Breath Test Section 811 E Roanoke Seattle WA 98102