Why Your DUI Attorney Cannot Give the Final Answer on DOL Suspension Length, IID and SR-22 Requirements

We understand that clients are anxious to find out how their criminal case and/or DOL hearing may impact their ability to drive. Unfortunately, it is one of the frustrating aspects of our cases as we are unable to offer any certainty. Only the Washington Department of Licensing – not the criminal court or your defense attorney – makes the final calculation regarding your driving status and requirements for acquiring a valid license.

DOL’s calculation may depend on much more than the final charge appearing on your judgement. It may include:

• An administrative suspension arising from the original arrest;
• A breath-test refusal or alcohol or THC test result; 
• Prior administrative actions, even when an earlier case did not result in a DUI conviction;
• The charge as it was originally filed before it was amended;
• Previous deferred prosecutions, deferred sentences, or out of state matters;
• Earlier periods in which an ignition interlock was installed;
• Whether DOL has granted credit for that earlier IID use;
• Missed IID tests, service appointments, removal periods, or other compliance issues;
• The date DOL considers you eligible for reinstatement; and
• Other suspensions or unresolved requirements appearing on your driving record.

If your attorney attempted to give you an answer about your suspension length, IID restriction or SR-22 requirement without any access to DOL’s complete calculation (which we do not have access to), it could cause devastating consequences. It might lead a client to remove the device or cancel insurance too early, which could result in another suspension or criminal charge.

This is the reason we direct you to the agency that has the authority to provide the controlling answer to your questions. Before you ever remove an IID or cancel an SR-22 policy, always obtain confirmation directly from DOL that the requirement has been satisfied.

If you have a Washington State license, you can log into your License Express account and select “view reinstatement requirements” or you can call the Washington DOL customer service line at 360-902-3900.  

If you have an out of state license, you will only be able to get answers by calling the Washington DOL at 360-902-3900. You can not set up a License Express account if you have an out of state license. You may also need to call your home state DOL to find out how the Washington DOL actions will impact your ability to maintain your home state license or to reinstate it.

Once or twice a year, we get a call from a past client is in violation of their SR-22 requirement and is facing a new criminal charge. The issue stems from a very simple and innocent mistake. The client switched auto insurance companies and forgot to make sure that the new company sent the SR-22 Certificate to the DOL. 

We understand that insurance is expensive and it’s wise to shop around. However, do NOT make this mistake! Always follow up with your insurance carrier every year and, in particular, if you switch companies to make sure you are complying with your SR-22 requirement.

If you are a Witt Law Group client and have called DOL yet still do not understand your reinstatement requirements, contact our office. We will set up a time when Ryan can be available for a 3-way call. You will need to initiate the call to DOL, provide your license information, and, once an agent is on the line, notify them you would like to patch in your attorney. Since much of our day includes court time, please do not do this without confirming an available time with Ryan in advance. 

If you are seeking counsel for a criminal defense case and would like to consult with one of our attorneys, give our office a call 7 days a week. (360) 792-1000 or Contact Us Today.