Written by attorney MacDaniel E Reynolds

What is an Implied Consent or DMV Hearing?

All 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. You fail a test if your blood alcohol is .08 percent or more. Unless you are under 21, then you will receive a failure if the test shows that you have any amount of alcohol in your blood.

If you have been arrested for a DUII, there are now potentially two 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 your license anywhere from 90 days to a number of years. This suspension is separate and independent from whatever will happen with your DUI case in the court system.

On the back of your Implied Consent Combined Report (ICCR) that the officer gave 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 suspension of your license. This suspension is independent from any suspension that might occur as ordered by a Judge in your criminal case. An administrative law judge oversees the hearing and the officer you encountered the night of your arrest will testify. An attorney can appear on your behalf at the hearing.

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