There are 12 steps a DRE officer typically goes through to determine if you are under the influence of a controlled substance:
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 take a test. This request usually happens after you have been arrested for DUII. The law is designed to be unavoidable. You fail the test if your blood alcohol is .08 percent or more. If you are under 21, you will fail if you have any amount of alcohol in the blood.
It is important to know that after a DUII arrest, there are now potentially 2 separate entities that 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 a license anywhere from 90 days to a number of years. A driver’s license suspension is entirely separate and independent from whatever will happen with a court case that involves the same incident.
The table below describes license suspensions through the DMV and the wait times before you can get a hardship permit:
Type of Suspension | Length of Suspension | Hardship Wait |
---|---|---|
Breath Test Failure | 90 Days | 30 Days |
Breath Test Failure (increased)* | 1 Year | 1 Year |
Breath, Blood, Urine Test Refusal | 1 Year | 90 Days |
Breath, Blood, Urine Test Refusal (increased)* | 3 Years | 3 Years |
*Suspension lengths are increased if within the five years prior to the current arrest the following happened in Oregon or another state: DUII conviction, suspension of driving privileges under the Implied Consent Law, participation in a diversion or similar alcohol or drug program |
The only way to avoid a Implied Consent license suspension through the DMV is to prevail at a DMV hearing.
On the back of the Implied Consent Combined Report (ICCR) that the officer should have given you after your arrest for a DUII (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 for failure of a breath test or for refusing a breath, blood, or urine test. If you fail a blood test, you will receive information in the mail on how to request a hearing. The request for a hearing must be in writing.
The hearing is a chance for you to contest the implied consent suspension of your license. This suspension is independent from any suspension of your driver's license that might occur as ordered by a Judge in your criminal case. An administrative law judge oversees the hearing and the officer or officers you encountered the night of your arrest testify. An attorney can appear on your behalf at the hearing. Your license suspension will be upheld if the Department of Motor Vehicles can prove certain elements under Oregon law with substantial evidence.
The table below describes mandatory minimum sentencing requirements under Oregon Law (these are minimums, meaning the court cannot sentence a person to less, but can certainly sentence a person to more jail or fines than these minimums reflect):
DUII Conviction | Minimum Jail Time | Minimum Fine | Driver's License Suspension |
---|---|---|---|
First | 48 Hours or 80 Hours of Community Service | $1000 or $2000 if BAC is .15 or greater | 1 Year |
Second (within 5 years) | N/A | $1500 or $2000 if BAC is .15 or greater | 3 Years |
Third (if not felony) | N/A | $2000 | Permanent Revocation |
Third (Felony if convicted of a DUII at least two times in the ten year period prior to the current offense) | 90 Days to 18 Months | $125,000 | Permanent Revocation |
You'll also have to do an "Alcohol/Drug Package" which involves a drug and alcohol evaluation and treatment, attendance at a victim's impact panel (VIP), and a prohibition against consuming any alcohol or other intoxicants.
The court date on your criminal citation is the date and time you need to appear in court for your arraignment – this is not the trial date, but typically a procedural court appearance. At a criminal arraignment, you will learn exactly what crimes you are charged with, and you will receive the next court date for your case.
Depending on the court and the charges you face, if Reynolds Defense Firm represents you, we may be able to cancel the arraignment for you altogether, or may be able to appear in court for you on your behalf without you needing to be there. With that said, unless you have a lawyer tell you otherwise, you must be at the arraignment, or the court can issue a warrant for your arrest.
The short answer is no! In fact, many judges will not even accept a guilty plea to a DUI charge at an arraignment because they know you have probably not been able to get the police reports for your case and have not had time to meaningfully discuss your case with a lawyer. Without trying to be overly frightening or dramatic, a DUII in Oregon is either a Class A Misdemeanor or a Class C Felony – a conviction of either charge means likely jail time, probation, license suspension, and significant court fines.
Please do everything you can to be sure you are making an educated decision before you tell a court you are guilty of committing crime, and yes, this means talking with an attorney. Of course the decision is yours - you don’t have to talk with an attorney at all, and you sure don’t have to call Reynolds Defense Firm, but we think the peace of mind it will give you will probably help you sleep better tonight. For a free consultation, please call us at 503.223.3422.
If your suspension is for a failed or refused breath, blood, or urine test, these are typical outcomes:
Reason for Suspension | Length of Suspension |
---|---|
Fail Breath or Blood Test | 90 Days |
Fail Breath or Blood Test, Increased* | One Year |
Refuse Breath, Blood, or Urine Test | One Year |
Refuse Breath, Blood, or Urine Test, Increased* | Three Years |
*Increased:
The length of your suspension is increased if in the past five years you have:
If your suspension is for a DUII conviction:
Reason for Suspension | Length of Suspension |
---|---|
First Conviction for DUII | One Year |
Second DUII Conviction within 5 years | Three Years |
Third or Subsequent DUII Convictions | Life with ability to apply for hardship permit in 10 years |
Suspension rules differ for those holding an Oregon Commercial Driver’s License (CDL)
If your suspension is for a failed or refused breath, blood, or urine test:
Reason for Suspension | Wait Time for Hardship Permit |
---|---|
Fail Breath or Blood Test | 30 Days |
Fail Breath or Blood Test, Increased* | One Year |
Refuse Breath, Blood, or Urine Test | 90 days |
Refuse Breath, Blood, or Urine Test, Increased* | Three Years |
*Increased:
The length of your suspension is increased if in the past five years you have:
If your suspension is for a DUII conviction:
Reason for Suspension | Minimum Wait Time to apply for Hardship Permit |
---|---|
First Conviction for DUII | No wait |
Second DUII Conviction | 90 Days |
Third or Subsequent DUII Convictions | 10 years |
For more information about Hardship Permits:
Suspension and hardship permit rules differ for those holding an Oregon Commercial Driver’s License (CDL)
If you are charged with a crime, and you missed your first court date, please talk with a lawyer who knows what he or she is doing immediately. We are serious, this case could go from “not good” to “really bad” very quickly.
At the point you didn’t show up in court, the judge likely issued a bench warrant for your arrest. A bench warrant means you are in danger of a police officer coming to your home or work, placing you under arrest, and taking you to jail until the court can sort this out. If you are charged with a DUII, this can also result in an additional suspension of your driver’s license, and may prevent you from entering a DUI Diversion program. Regardless of what criminal charge you initially faced, the district attorney can add another criminal charge - Failure to Appear - that you would also have to face.
A good lawyer can mitigate many of these consequences for you, depending on the unique circumstances of your case, but the earlier in the process you bring that attorney on board, the more effective he or she can be for you. If you do not have an attorney, please contact Reynolds Defense Firm so we can help you address this urgent and time sensitive issue immediately.
As a general rule in Oregon, for the first 30 days after the day of your arrest, you still have the same driving privileges as before you were arrested, but you are driving with a temporary permit instead of your original driver’s license.
To see if you have a temporary permit, look through your paperwork for the yellow, legal-sized form titled “Implied Consent Combined Report.” At the bottom of this form is a section that starts with “Eligible for Temporary Permit” with a box checked “yes” or “no.”
If the box is checked “yes,” you should legally be able to drive for 30 days from the date of your arrest (assuming you aren’t suspended for any other reason, and that the paperwork is correct). Make sure to have the temporary license with you if you plan on driving during that time – that piece of paper is what you would show an officer if you are pulled over. Also, be sure to read the language on the temporary license closely—it expires at 12:01 AM on the date listed on the bottom right-hand corner of the form. In reality, this means that you can only drive with that license through the day before the listed date.
Bottom line – If the police stop you when you are driving after your temporary license expires, and you don’t have a hardship permit, you could be charged with the crime of Driving While Suspended (DWS). This is a Class A misdemeanor charge in Oregon (the same level offense as a DUII).