Analysis/Commentary:  The issues here are whether the rules of evidence apply in DOL suspension administrative hearings.  The answer is that they don’t because they are applicable only to court proceedings.  ER 101, 1101, RCW 34.05.452(1) and (2), State v. Vasquez 148 Wn2d at 316 and former WAC 308 103 100. 

            In this case, evidence was admitted (state toxicologist’s declaration regarding BAC) and objected to as hearing.  The Supreme Court once again applied the DUI exception and ruled that this kind of evidence is admissible in DOL hearings.