What is an Implied Consent Hearing?

Written by Reynolds Defense Firm

On May 11, 2018

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Why is an Implied Consent Hearing important if you’ve been arrested for a DUI in Oregon?  In Oregon, there are two separate processes moving forward at the same time after a DUI arrest.   The first, and the portion that most people are thinking about is the criminal case.  The second, is called the Implied Consent process – most often referred to as the DMV hearing process.

Oregon’s Implied Consent Law

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. This suspension is separate and independent from whatever will happen with your DUI case in the criminal court system.

All Oregon drivers are bound by the implied consent law.  Implied consent means that by driving a motor vehicle in Oregon, you have implied that you will consent to a breath, blood, or urine test if a police officer asks you to. For drivers over 21, you fail a test if your blood alcohol is .08 percent or more.  If you are under 21,  your license will be suspended by the DMV if your breath test shows any amount of alcohol in your system (even as low as .01%).

You have a 10-day window to request a DMV hearing

On the back of your Implied Consent Combined Report (ICCR) that the officer gave you after your arrest (the long yellow piece of paper that may also be your temporary driver’s license), are instructions for how to request a DMV hearing. You only have until 5 PM the 10th day from your arrest to request a hearing to challenge the suspension of your driver’s license, and we generally recommend that you do so.  If you have failed a blood test, you will receive information in the mail on how to request a hearing. You must request a hearing in writing.

This hearing is a chance for you to contest the suspension of your license. This suspension is independent from any that might occur as ordered by a Judge in your criminal case. An administrative law judge oversees the hearing and the officer you encountered the night of your arrest will testify. An attorney can appear on your behalf at the hearing.

Reynolds Defense Firm – DMV Hearing Attorneys

As you decide which attorney is right for you, please keep this 10-day window in mind, because once it has passed, the opportunity is gone. As a general rule, there isn’t a downside requesting a hearing.  There can be a very real upside, both in terms of your driver’s license and in learning more about both the facts of your case and the officers involved.  Please talk with a qualified DUI attorney to be sure the DMV hearing is the right move in your particular case.

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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