The Implied Consent Law states that drivers imply their consent to submit to a breathalyzer and field sobriety tests when operating vehicles in the state. If you are unfortunate to be charged with a DUI in Oregon, then you should consider an Implied Consent Hearing. The process associated with a DUI arrest in Oregon follows two separate paths. The first one is the criminal case angle, which many people will conclude is the only recourse. The other is the Implied Consent Hearing process, also known as a DMV hearing. Call an experienced DUI defense lawyer in Portland at (503) 212-0081 to learn how we can help your DUI case.
Page Contents
Oregon’s Implied Consent Law Overview
If you are arrested for a DUI, two entities can impact the outcomes of your case and your driving privileges. In this, you have the Portland court system and the DMV option. The Portland DMV (Department of Motor Vehicles) will receive and review a notice stating that you refused or failed a blood, urine, or breath test and can, based on their findings, suspend your driving license. The suspension can be anywhere between 3 months and several years. If the DUI case is also in the court system, then the DMV’s ruling to suspend will be independent of the decisions of the court.
All drivers in Portland, Oregon, are expected to abide by the implied consent law. The law states that driving a vehicle in Oregon automatically views you to have implied that you will agree to a blood, urine, or breath test when a police officer requests you to take one. Drivers that are over 21 years will be found to have failed the test if they have a blood alcohol of 0.08 and above. The DMV will suspend the licenses for drivers that are under 21 years that take a breath test and are found to have even as low as 0.01% of alcohol in their system.
How Long Before Requesting For A DMV Hearing?
The back of your ICCR (Implied Consent Combined Report) handed to you by the arresting officer are instructions on how you can request for a DMV hearing. The DMV expects to receive your hearing request by 5 pm on the 10th day from the date of your arrest. Placing such an application implies that you seek to challenge and have the suspension of your driver’s license revoked. You will receive details on how to request a hearing in your mail if you failed the blood test. You are required to request the DMV hearing in writing.
Keep in mind that the suspension separates and independent from the orders of the court system that might be handling your DUI as a criminal case. It will have an administrative law judge overseeing the hearing with the arresting officer also present to testify. You can have an attorney present with you to represent your interests during the hearing.
How Does A DMV Hearing Work?
If you have a DUI case in Oregon, you probably were asked to take a breath test. If the test showed a reading of 0.08% and above or you refused to take the test, then the arresting police officer will draw and hand you some papers while also keeping copies of the same that will be submitted to the DMV for the suspension of your driver’s license. The suspension can be anywhere between three months or three years, depending on various factors, including your driving record.
For you to avoid the suspension, you must request and win the DMV hearing. Our team of lawyers here at Trilogy Law Group understands how valuable your driver’s license is to you. You need it to be able to drive to work, school, and various travel engagements. With a deadline for requesting the hearing set at 5 pm on the 10th day from the date of the arrest, you need the right kind of legal advice, guidance, and representation for this matter.
Our DUI defense attorneys can handle the request for the hearing on your behalf and ensure that it is scheduled on time. Moreover, we shall make sure that the date set for the hearing works for you so that there are no downsides in the request. It is a way of ensuring that your suspension period is not affected even if you lose the hearing.
During the hearing, an administrative law judge will oversee the proceedings, and the officer that arrested you for the DUI will also be present to testify under oath. You are expected to be in attendance for the hearing if you do not have any legal representation. But if you hire us, then an experienced lawyer from Trilogy Law Group will appear on your behalf. The attorney will also strategize with you to determine if this is the best move for the best outcome possible.
The DMV hearing presents a fantastic opportunity for your lawyer to gauge the weakness and strengths of your DUI case as the arresting officer answers questions asked regarding the submitted police report. The attorney will also point out and challenge any inconsistencies in the matter and clarify things if you decide to take the matter to trial. Since it is not easy to determine that what is the police report states that the officer did everything by the book when administering the breath test, you can take advantage of this loophole and try to preserve your driver’s license.
Rest assured that our DUI attorney will confidently represent your interests in the DMV hearing and strive to lower the impact the matter will have on your ability to continue driving in Oregon.
Get In Touch With DMV Hearings Attorneys At Trilogy Law Group
With a looming ten-day deadline within which to request for a hearing, you cannot waste a lot of time deliberating on which lawyer is right for you. Keep in mind that there are no downsides to requesting the DMV hearing. The upside of this option is that you have the chance to learn more about the facts surrounding your DUI case and what the officers involved have to say.
Therefore, you need to contact a qualified and experienced DUI attorney and be confident that the DMV hearing is the best move for your case. At Trilogy Law Group, we are here to help and advise you accordingly. Get in touch with us today at (503)212-0081. You can also engage with us on our live chats.
