The first step in successfully fighting the suspension of your license after a DUII arrest is making sure a DMV hearing, formally referred to as the Implied Consent Hearing, is requested properly.
Enlisting the help of an experienced DUII attorney like Jacob Braunstein can help you make sure it's done right and give you a fighting chance.
Why Have an Oregon DUII Attorney Handle the DMV Hearing?
An implied consent hearing can have a significant impact on your driving privileges, and the issues that can be raised are limited by statute. To have a real chance of winning your DMV Hearing, you need the help of an experienced DUII attorney who is familiar with DUII cases and administrative procedures and who can point out flaws in the officer's case. An Oregon DUII defense attorney can review the police reports, testing records, notices, and other evidence to determine whether there are grounds to challenge the suspension and make those arguments effectively to the Administrative Law Judge.
If you have just been arrested for DUII in Oregon, contact experienced DUII Attorney Jacob Braunstein to discuss your case and your legal options. Consultations are always free.
Contact Jacob Braunstein at 503-505-0411 or jacob@braunsteinlaw.com
How Long Do I Have to Request a DMV Hearing?
For a breath-test failure or a breath, blood, or urine test refusal, Oregon DMV generally must receive your hearing request by 11:59 p.m. on the tenth day following your arrest. Different timing rules apply to certain blood-test failures, so you should carefully review the notice you received from DMV.
You cannot request an implied consent hearing simply by calling DMV. The request must be submitted in the manner required by DMV, including online, by fax, or by mail. Because missing the deadline can result in losing your opportunity for a hearing, it is important to address the DMV suspension immediately after your arrest.
What Happens at the Implied Consent Hearing?
Oregon Implied Consent Hearings are generally conducted by telephone, but an in-person hearing may be requested. At the DMV Hearing, the Administrative Law Judge (ALJ) reviews the evidence and determines whether the requirements for the suspension have been established. The DMV's case may involve police reports, implied consent paperwork, breath-test records, and testimony from the investigating officer.
The hearing is less formal than a criminal trial, but it is still an evidentiary proceeding. Witnesses may testify, documents and other evidence may be considered, and the parties may have an opportunity to question witnesses and make legal arguments. The ALJ does not decide whether you should be convicted of the criminal DUII charge at this hearing.