Can I fight a DMV Implied Consent suspension for failing or refusing a breath, blood, or urine test?
How to request a DMV Hearing in OregonOn 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.
What to expect at a DMV Hearing in OregonAn 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.
Some advantages of requesting a DMV Hearing in OregonoYou may think the officer did everything correctly--but you don't know until you have a 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.
oThere is no downside to requesting a hearing--you will not be penalized nor will your suspension be longer because you request a hearing. We generally tell clients that there is about a 20 percent chance of winning a DMV hearing - not the greatest of odds, but much better than no odds at all.
oDMV hearings are 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. As well the strengths and weaknesses of your case come through after your attorney has the opportunity to examine an officer at a DMV hearing.
How Reynolds Defense Firm can help with your DMV HearingOur team approach is part of what makes us different. Our attorneys meet on a weekly basis to discuss their cases and work together to come up with the best approach to your case. When you hire one of us, you get all of us. You have the benefit of many sets of eyes looking at your case - we have attorneys who approach the facts with experience from both the side of the Prosecutor and the Defense Attorney. Your driver's license if important to you - our team approach gives you the best opportunity to retain it.