What is an implied consent hearing?

An implied consent hearing is a hearing that takes place in Washington when someone is suspected of driving under the influence (DUI). An implied consent hearing is triggered when an individual refuses to submit to a blood or breath test, or fails a blood or breath test when stopped by a law enforcement officer. During the hearing, the individual has the opportunity to contest the evidence against them and dispute the revocation of their driver’s license. At the implied consent hearing, the individual must prove that the law enforcement officer had reasonable grounds to believe the individual was driving under the influence. The hearing officer will consider evidence such as field sobriety tests, witness accounts, and their driving behavior. The individual may also testify or express their opinion if they choose to do so. If the individual or their attorney is successful in the hearing, they can keep their driver’s license. However, if they are unsuccessful, the individual’s driver’s license will be revoked. In some cases, an individual’s license may also be suspended or restricted. The individual has the right to an attorney at an implied consent hearing and the hearing must be held within ten days of the incident. An individual should have an attorney in preparation for the hearing to increase their odds of success.

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What is an implied consent hearing?

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