Client Guide – Court delay and the DMV process

Written by Reynolds Defense Firm

On June 24, 2022

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].

For more DUI FAQ’s, visit our website and continue reading through our ‘Client Guide.’

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.

You May Also Like…

Hello Weekend! August 5th-7th

Hello Weekend! August 5th-7th

This weekend showcases a unique blend of diversity, with Saturday being the day to take it all in! Cram your day with the beauty of Chinese culture, cheer for your favorite soccer team, and casually stroll the streets for some cool art. Ready, set, GO! Sneaker Week -...

Client Guide – 5 Tips for Coping with the Stress of a DUI Arrest

Client Guide – 5 Tips for Coping with the Stress of a DUI Arrest

There is no question that being arrested for DUII (DUI) can make life incredibly stressful. The shock of the initial arrest can create severe anxiety, as well as the feeling of uncertainty that accompanies it. Do I have to hire a lawyer? Am I going to get convicted?...

Hello Weekend! July 29th-31st

Hello Weekend! July 29th-31st

Looking for distractions from the heat wave this weekend? How about magic, mermaids, art, and an au natural bike ride to hold your interest?! Harry Potter’s Birthday Celebration: July 29th-31st Dress in your best costume and head to Kennedy School any day this weekend...

0 Comments