DUII & License Suspension
The DMV process can impact your right to drive in Oregon. It is not a criminal process, but it can be critical to how your criminal DUII case will be resolved. You need to act quickly and retain an attorney who knows what they are doing and who can preserve your right to a hearing. The DMV hearing is a critical stage for the DUII defense attorney. Even if you believe you may be guilty of DUII, an experienced attorney can sometimes avoid a license suspension, or use the information obtained at the DMV hearing to help with your criminal case.
When you were arrested for DUII, you were most likely asked to take a breath test to measure your blood alcohol content (B.A.C). If you refused, or if you failed the test by blowing a .08% or higher, your right to drive in Oregon is scheduled to be suspended within 30 days of your DUII arrest or failed breath test. If you failed a blood test, your right to drive in Oregon is scheduled to be suspended within 60 days after the DMV receives the report of your failed blood test.
The length of your license suspension can vary from 90 days to 1 year if you fail the breath or blood test. In addition, if you refuse to take the blood or breath test your license can be suspended for 1 to 3 years.
If your driving privileges are suspended as a result of refusal to take a test for intoxicants, or for testing above the legal limit for intoxicants, you have 10 days from the date of arrest or, in case of a failed blood test, from the date of receiving notice of suspension to submit a written request for a hearing to contest the suspension.