If you were arrested for a DUI in Oregon, you likely took a breathalyzer test. If you blew .08% or higher or refused the test, the arresting officer submitted paperwork to the DMV for your driver’s license suspension. This suspension may last between 90 days to three years depending on your driving record and other circumstances. To prevent a suspension, you may request a DMV administrative hearing, also known as an Implied Consent Hearing.
Requesting a DMV Hearing for a DUI in Oregon
Many individuals who have been arrested for a DUI cannot afford to lose their driver’s license, as it is essential transportation for commuting to work, school and other commitments. You may request a DMV hearing for a DUI in Oregon by 5pm on the 10th day from your arrest. The Oregon DMV requires that the request is in writing. An attorney can request a DMV administrative hearing for you and make sure it is scheduled in time and on a date that works for your schedule.
You will not be penalized for requesting a DMV hearing or losing a DMV hearing. If you request a DMV hearing and lose, your suspension time will not increase in length – the suspension period does not change. For this reason, you should request a DMV hearing in an effort to get your driver’s license reinstated.
Why Should You Have a DMV Hearing?
The DMV hearing gives your attorney the opportunity to discover the strengths and weaknesses of your case because the arresting officer answers questions about the police report under oath. Your DUI attorney in Bend will be able to challenge any inconsistencies and clarify the case that the state presents to a jury if you decide to have a trial. You may be able to keep your driver’s license if the police report isn’t clear that the officer did everything required by law regarding the administration of the breath test.
Requesting an Implied Consent Hearing gives you the best fighting chance to keep your driver’s license.
What Happens During an Implied Consent Hearing?
An administrative law judge oversees your Implied Consent Hearing and the officer(s) present the circumstances of your arrest as they testify under oath. Your attendance isn’t mandatory, your DUI attorney may appear on your behalf. I strategize with my clients to determine if that is the preferred option for the best possible result. I represent you confidently at the DMV hearing in order to minimize the negative impact on your ability to drive.
Give Yourself the Best Shot at Keeping Your License
Requesting a DMV hearing for a DUI in Oregon gives you the best chance at keeping your driver’s license. The DMV hearing is optional, but hiring an experienced DUI lawyer to represent you at this hearing will improve your chances of a positive outcome.
If you would like to challenge the implied consent suspension of your driver’s license, contact Nelson Law as soon as possible after your DUI arrest. The DMV hearing must be requested by 5pm on the 10th day after your arrest, so time is of the essence when it comes to the possibility of keeping your driving privileges.