Why Should I Request A DMV Hearing?

Written by Reynolds Defense Firm

On March 24, 2018

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Have you been arrested for a DUI in the state of Oregon?  If so, you were probably asked to take a breath test among several other things. If you refused the breath test or blew .08% or above, the officer who arrested you still has more work to do.  The officer’s next step is to submit paperwork to the DMV for your driver’s license to be suspended. The suspension can be for anywhere between 90 days to three years.  The length of your suspension depends on your prior driving record and other circumstances. This process seems pretty straightforward, however, Reynolds Defense Firm thinks it is important for you to request a DMV hearing.  Why?  You may think the officer did everything correctly during your arrest.  The truth is you honestly don’t know what was done accurately until you have a DMV hearing.

How Do I Prevent A License Suspension?

The only way to prevent a driver’s license suspension is to request and win a DMV administrative hearing. Our attorneys at Reynolds Defense Firm know that your license is vital for you.  We want you to continue driving to work, to school, and to other commitments that are important to you. The deadline for requesting the hearing is 5pm on the 10th day from your arrest and the DMV requires that the request be in writing.

How Do I Request A DMV Hearing?

A DUI law firm like Reynolds Defense Firm can request the hearing on your behalfThere is absolutely no downside to requesting a hearing. Not only can we be sure that we get the hearing scheduled on time, we will also make sure that the scheduled date works for you.   You will not be penalized or increase the length of your suspension if you request a hearing. Even if you lose the hearing, your suspension period does not change.

What Happens At A DMV Hearing?

The officer you interacted that night will be questioned specifically about whether they followed the law during the arrest. Sometimes officers do not follow the law as they should or did not follow the rules regarding the administration of the breath test. We generally tell clients that there is about a 20 percent chance of winning a DMV hearing.  Granted, this is not the greatest of odds, but much better than no odds at all.  DMV hearings are also very valuable trial preparation. Your attorney will be able to cross examine the officer, and use the transcript from the hearing at trial to impeach the officer’s testimony. Last but not least, the strengths and weaknesses of your case will come through after your attorney has the opportunity to examine an officer at a DMV hearing.

 

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