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Oregon DUI - Requesting an Administrative Hearing

[caption id="" align="alignright" width="300" caption="English: (Photo credit: Wikipedia)"]English:[/caption] What is an administrative license suspension? It stems from Oregon’s Implied Consent laws which states that all Oregon drivers must submit to a blood alcohol content test (BAC) of their blood, urine or breath if they are arrested for DUI. Drivers who fail to submit to the blood alcohol content test (BAC) can face an administrative license suspension of 90 days to a year. Drivers who have multiple DUI refusals or blood alcohol content test (BAC) failures will face the longest license suspensions. The administrative penalties are mandatory and they are imposed on Oregon drivers who refuse the blood alcohol content test (BAC) or take the test and have a blood alcohol content test (BAC) which is 0.08% or higher. Keep in mind the administrative license suspension penalties are imposed by the Department of Motor Vehicles in Oregon (DMV) and they are separate and distinct from any DUI penalties a driver faces if they are ultimately convicted of DUI. The administrative license suspension generally begins approximately 30 days from the Oregon DUI arrest and can be challenged through an administrative license hearing.

How do I challenge my Oregon Administrative license suspension hearing?

  According to the Oregon Department of Motor Vehicles if you have been arrested for an Oregon DUI and you would like to challenge the administrative license suspension this must be done prior to 5:00 p.m. on the 10th day of your DUI arrest. The Oregon DMV has suggested that all hearing requests be either faxed or emailed (using the implied consent hearing request form supplied on the DMV’s web site OregonDMV.com) to the DMV Hearing Case Management Unit. The Oregon DMV reserves the right to conduct the hearing via telephone if you do not specifically request to have your hearing in person. Additionally, you are legally allowed to have a DUI lawyer attend the hearing for you. Information about your administrative hearing, what should be included in the report, and where to send the information should be located on the back of your temporary driving permit which should have been issued to you by the police officer at the time of the Oregon DUI arrest.

Will my Oregon license suspension be overturned?

  Generally an administrative license suspension is not overturned unless the police officer does not appear at the hearing, fails to submit the proper paperwork to the Oregon Department of Motor Vehicles or turns the paperwork in but does not submit them in a timely manner.

Hiring an Oregon DUI lawyer

  Getting an Oregon DUI can be very serious, especially if you have been arrested previously for DUI. Contact a DUI lawyer if you have questions about the DUI penalties you can be facing after an Oregon DUI or if you need help fighting an Oregon administrative license suspension. Drivers who have multiple DUI convictions can expect longer driver’s license suspensions, higher fines and DUI penalties and potential jail time.
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