What Happens When A DUI License Suspension Or Revocation Is Delayed?

Any holder of a Washington driver’s license who is convicted of DUI is subject to having his or her driving privilege suspended for a minimum of 90-days. On occasion, a clerical error or omission by the court or Department of Licensing results in a DUI offender’s license suspension or revocation being delayed sometimes for several years, until the error or omission is discovered. Typically, this delayed suspension or revocation presents an unexpected hardship on the driver. Pursuant to RCW 46.61.5055(9), the court, upon its own motion, or upon motion by the person, may find on the record that notice to the Department has been delayed for three years or more as a result of clerical or court error. If so, the court may order that the person’s license, permit or privilege shall not be suspended, revoked or denied for that offense. The court shall then send notice to the Department and the person of the finding, and upon receipt, the Department shall not suspend or revoke for that offense.We recently handled a case in which the Department of Licensing suspended our client’s license because he was convicted of DUI in California in 2010. The Department also attempted to require our client to install an ignition interlock device (IID) and obtain high-risk automobile insurance as conditions of obtaining a new license. We argued that it was unfair for the Department to take these actions against our client after more than four-years had passed since his conviction. The Department argued that RCW 46.61.5055(9) did not apply because the delay was California’s fault. The court held that it would be a violation of our client’s right to due process to treat him differently for an out-of-state conviction—which, under the Interstate Driver License Compact, has implications for his Washington license—than if the conviction had occurred in the state of Washington.