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Washington State Drunk Driving License Issues - FAQs:
Will I lose my license?In addition to the administrative action (see above), you may lose your driver's license if you plead guilty or are convicted of DUI. For more information see my Washington DUI Penalty / Sentencing Chart. If I lose my license, do I tell my insurance company?If you lose your driver's license by either the DOL in the administrative action, or by the court in the criminal action, you may need to tell your insurance company. You will need to get SR-22 insurance. I have a commercial driver's license, how does this arrest affect that license?This is a complex area of law, but the short answer is this: Although a driver may lose his/her driver's privilege for 90 days for a DUI in Washington state, a first DUI for a CDL holder driving a personal car results in a one year CDL disqualification. A second DUI for a CDL holder results in permanent CDL disqualification, subject to potential reinstatement after ten years. I really need a license for my job; can I get a hardship license? If my license is suspended, how do I get to work?Depending on your circumstances, you may be eligible for an Ignition Interlock License (IIL). If you had a valid Washington State driver's license, and you were convicted of one of the following:
Once you have lost your privilege to drive, you must apply for an Ignition Interlock License, you must obtain proof of financial responsibility (SR 22) and you must have an ignition interlock device installed. You need not inform your employer of your loss of license unless you drive an employer's vehicle as part of your job. If you need to drive an employer's vehicle, you need to have your employer sign a waiver. You cannot apply for an IIL if you lost your license due to:
If I apply for an ignition interlock license, do I need to tell my boss that I have been charged with a DUI?Either the business owner, employer (supervisor), or some other recognized representative must sign the form. I need my car to drive my family; will I still be able to do that if I lose my license?You may apply for an ORL if you provide continuing care of a dependant. I have a license from another state, how is it affected?While you have a license from another jurisdiction, Washington State will create a "pseudo" license for you, and then suspend that license. If you lose your "Washington" privilege to drive, more likely than not, Washington State will notify your home state, and you may be suspended by your home state. How can I keep my license?You must notify the DOL (in the administrative action) no later than 20 days after your arrest, that you wish to have a hearing to challenge your suspension. You may also lose your driver's license on the criminal side, and we must prevail (by obtaining a reduction or a dismissal) in order to keep your driver's license. Also See my keep my WA driver's license page. When will I lose my license?Technically, you have already lost your privilege to drive, and the suspension takes place 60 days, on the administrative action, after the arrest. You must notify the DOL no later than 20 days after your arrest to challenge your suspension. Can I go to Canada with a DUI charge? What about if I am convicted of a DUI?You may be inadmissible for admission into Canada with just a charge of DUI - even if no conviction is registered. If you have a DUI conviction, Canada may refuse non-resident visitors if they have an "indictable" offense. Canada does not use our classifications of misdemeanor or felony. A DUI is an indictable offense. You will be barred admission into Canada if you have been convicted of a DUI. Canada operates under the premise that persons with criminal records can be rehabilitated and thus no longer inadmissible of the offense. You may be "rehabilitated" after five years from completion of the sentence. DUIs in Washington State have a five year probationary period. This means that you must complete the five year probationary period, and then you must wait another five year period before you can apply for rehabilitation. For more information, check out: www.cic.gc.ca It may be possible to apply for temporary relief and seek admission into Canada through the Port of Entry, or with a Canadian Consulate. Temporary relief will allow entry if the circumstances justify overcoming the inadmissibility for a short period. For more information check out: www.cic.gc.ca/english/visit/faq-inadmissibility.asp#note3 Can I leave the United States with a DUI charge?Unless the court forbids you from leaving Washington State as a condition of your release; you are generally free to travel. Can I drive in other states with a DUI charge?The short answer is this: If you are suspended in Washington State, you are most likely suspended in other states as well. I am not a US citizen. Are there risks to my immigration status after a DUI or license revocation?Yes. Driving on a suspended license after a DUI can get you deported. See my DUI Immigration page. [more WA DUI FAQs - Conviction] Please call me for your free consultation to discuss any of these questions and how they may apply in your case, or if you have additional questions that I haven't covered. You Have Been Arrested For DUI in Washington State. Now What?I will fight to save your Washington State license and freedom!FREE WA DUI - DWI CASE CONSULTATION Free Case Consultation | View Our Informational Video | Case Studies Copyright © Mark W. Garka, PLLC |
