If you were arrested for DUII in Oregon and failed or refused a breath, blood, or urine test, you may face a driver's license suspension under Oregon's Implied Consent Law. This DMV suspension is separate from the criminal DUII case, and you have the right to challenge the suspension at an Oregon DMV Implied Consent Hearing. You also have the right to have an attorney present for the hearing. Having an experienced DUII attorney like Jacob Braunstein with you will improve your chances for a good outcome.
Understanding how an implied consent hearing works and acting quickly is important because the deadline to request a hearing is short.
What is an Oregon Implied Consent Hearing?
An implied consent hearing is an administrative hearing conducted through the Oregon Office of Administrative Hearings (OAH). An Administrative Law Judge (ALJ) determines whether the DMV suspension is legally valid.
An implied consent hearing is not a DUII trial. The ALJ is not deciding whether you were guilty of driving under the influence of intoxicants. Instead, the hearing is limited to specific questions concerning the circumstances surrounding the arrest and chemical test.
Oregon law requires the hearing to address whether the statutory requirements for an implied consent suspension were satisfied. These requirements can include whether you were under arrest for DUII, whether the police had reasonable grounds to believe you had been driving under the influence, whether you refused a test or failed a qualifying breath or blood test, and whether you were properly advised of the consequences and rights associated with the test. ORS 813.410.
How Long Do I Have to Request the Implied Consent Hearing?
The deadline is extremely short
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.