What is a DMV hearing and why should I have one?

If you have been arrested for a DUI in the state of Oregon, you were probably asked to take a breath test. If you refused the test or blew .08% or above, then the officer who arrested you has submitted paperwork to the DMV for your driver’s license to be suspended – this is known as the Implied Consent process. The suspension can be for anywhere between 90 days to three years, depending on your prior driving record and other circumstances. These suspensions begin on the 30th day following arrest, and there is no way to prevent this suspension without requesting a DMV hearing. At Reynolds Defense Firm we know that your license is vital for you to continue driving to work, to school, and to other important commitments, so our legal team brings their 100+ years of combined experience to bear on every case we accept. Even on cases where we do not prevail, the DMV process provides invaluable insight into how to best handle your criminal case. There is no downside to requesting a hearing; you will not be penalized or increase the length of your suspension if you request a hearing.

What is the DMV hearing timeline?

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. Reynolds Defense Firm can request the hearing for you, allowing us to be sure that we get the hearing scheduled on time, and to preserve any special issues that need our attention. The hearing itself will be held at some point in the first 30 days after arrest, before the proposed suspension goes into effect. Typically, your case is not ruled on at the hearing, but a mailed decision is issued a few days later.

How do I request a DMV hearing?

It is best for a DUI law firm like Reynolds Defense Firm to request the hearing on your behalf for a number of reasons. If you haven’t already, take advantage of our free consultation. Again, there is absolutely no downside to requesting a hearing. Even if you lose the hearing, your suspension period does not change.

What is Oregon’s Implied Consent law?

All drivers on Oregon’s roads are bound by the implied consent law. Accordingly, 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 requests one. 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 test shows any amount of alcohol in your system (even as low as .01%).

What happens at a DMV hearing?

An administrative law judge presides over the hearing, and they will be the one who decides whether or not your proposed suspension is valid. Both the judge and your attorney will question the arresting officer about the arrest and breath testing procedure. Sometimes officers make mistakes in these processes which your attorney can use to argue to dismiss the proposed suspension.

What should I know before my DMV hearing?

The scope of the legal issues at these hearings means that you being there is rarely an advantage. However. if your lawyer has advised you that your testimony might be helpful, you should plan on attending. It is important to note that while waiting for your hearing to begin, you might encounter the arresting officer. While it’s tempting to engage in conversation in an effort to be courteous, it’s better to remain respectful, but refrain from chit chat. Officers are trained to listen for any slip-ups and make comparisons to your demeanor now versus the night of the arrest, so tread carefully and keep your interactions polite and brief.

How does my DMV case relate to my court case?

There are two separate entities that can affect your driving privileges after a DUI arrest. 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 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. Accordingly, you can prevail at one and not the other. That said, the DMV process usually provides invaluable insight into your criminal case, allowing you and your attorney to make much more informed decisions.

What happens after my DMV suspension period is over? How do I get my Oregon driver’s license back?

Once your implied consent suspension period ends (assuming you are not facing any other suspensions) you can visit any Oregon DMV office to reinstate your driver’s license. You will need to pay the applicable reinstatement fee, but you typically will not need to retake your written or driving test after this type of suspension.

However, if you were charged criminally with a DUII or other traffic offenses, your driving privileges may be affected separately depending on the outcome of your court case. This means your license could still be suspended or restricted even after your DMV suspension ends. It’s very important to consult with your attorney to understand your specific situation and when you can legally drive again.

If you have questions or concerns about reinstating your license after a suspension, our experienced DUI lawyers at Reynolds Defense Firm can help you navigate this process.

Can I get a public defender for my DMV hearing?

No, unfortunately for folks that qualify for a court-appointed lawyer, they do not handle DMV hearings. For more information on using a public defender for your DUI case, read this post.

What should I look for in a DMV hearing lawyer?

A lawyer that specializes in Oregon DMV defense knows how important the DMV process is to not only avoid suspension, but to do prepare the best strategy for your criminal case. At Reynolds Defense Firm, all we do is Oregon DUI defense, and our reputation speaks for itself. Call us today, and we’ll see if we’re a good fit to help you with your case. There is no cost for our initial consultation, and you’ll find your stress level go down significantly after speaking with a compassionate professional who has helped other good folks find success. Call us today and sleep better tonight.

In Summary:

• If you fail or refuse a breath or blood test in Oregon, the DMV will attempt to suspend your license
• This license suspension is separate from anything that the criminal court may impose
• Requesting a DMV hearing is the only way to avoid the proposed suspension
• You have 10 days from the arrest to request a hearing
• It is best to have a law firm that specializes in DUI defense help you through this process
• You can visit any Oregon DMV office to reinstate your driver’s license after your suspension period ends
• A public defender will not represent you for DMV purposes