If you have been arrested for a DUII, there are now potentially two separate entities that can have an effect on your driving privileges. The first is the Department of Motor Vehicles (the “DMV”) and the second is the court system.
The DMV, after receiving notice that you have either failed or refused a breath, blood, or urine test, can suspend your license anywhere from 90 days to multiple years. The deadline for requesting a hearing to contest this suspension is 5pm on the 10th day from your arrest.
Because there are two processes moving forward at the same time after a DUI arrest, it’s reasonable to assume that one affects the other. One common question we get from clients who experience a delay in the court system, is how that delay affects the DMV process? To help us answer this question we sat down with one of our amazing associate attorneys, Ken Stafford.
RDF: Does court delay affect the DMV administrative process?
KS: It does not. You are still expected to submit a hearing request in writing within 10 days of the incident. On occasion, there may be some delay in how soon you actually get the hearing depending on a few different factors, and whether that hearing is conducted telephonically or in-person. Generally, if the hearing is delayed, that will have the effect of also delaying your license suspension. Which, depending on your circumstances, might be a good thing or a bad thing. That’s why it’s important to have a conversation with an attorney to help you make a decision on what’s the most prudent way to go forward [if there is a delay in the DMV hearing process].
As always, we hope you never need to call us, but if you or a loved one has been arrested for DUI, contact us today to start getting questions answered about your unique situation. We provide resources as a starting point, to provide general information. But please remember, at the end of the day, a website can never be a good substitute for talking with an experienced DUI attorney, who specializes in Oregon DUI law.