I’ve been arrested for a DUI, can I still drive legally?

Written by Reynolds Defense Firm

On December 22, 2017

I’ve been arrested for a DUI, can I still drive legally?

In Oregon, the general rule of thumb is for 30 days after the day you were arrested, you can still drive legally and have the same privileges as before you were arrested.  The main difference is that instead of driving with your driver’s license, you’re driving with a temporary permit.

When you were arrested, the officer is require to give you paperwork. Look for the form titled “Implied Consent Combined Report”, it’s a yellow, legal-sized form.  At the bottom of the form, look for the section titled “Eligible for Temporary Permit”.  This section has a box for “yes” or “no”.  If the officer, checked the box marked “yes”, you can legally drive for 30 days from the date of your arrest.  The exceptions to that are if you are already suspended or that the paperwork has been marked incorrectly.

Keep this temporary license with you when you’re diving in this 30-day window.  This piece of paper is what you show an officer if you are pulled over.  Treat it like you would with a permanent license.  The other thing to be aware of is ready the language on the temporary license closely – since your 30 days expired at 12:01AM on the date listed on the bottom right-hand corner of the form.  This means that you can only drive legally through the day prior to the date listed.

How do I prevent a license suspension?

The way you can prevent a suspension is through winning a DMV hearing.  The deadline to request a hearing is 5pm on the 10th day from your arrest.  The request must be mailed in writing to the DMV.  Reynolds Defense Firm understands that your license is important for you.  We understand that you need to drive to work, school, and other commitments that you have for yourself and others.  Our team approach is different than most attorneys who will represent you at a DMV hearing.  Weekly, our Legal Team meets do discuss the best approach to your case based on what’s most important to you.  This approach gives you the best opportunity to keep your driver’s license.

What happens if I drive after my temporary license expires?

If you’re stopped by the police with an expired temporary license and you have not received a Hardship Permit, they can charge you with Driving While Suspended (DWS).  In Oregon, DWS is a Class A misdemeanor, which is the same level offense as a DUII.

Reynolds Defense Firm isn’t the right fit for everyone, but if you are a good person facing DUI charges and possible license suspension, we might be exactly the help you’re looking for.  Call us today at 503-223-3422 or hit the live chat button so we can get started working together with you right away.

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