Information about the DMV license suspension process is provided here only for educational purposes related to DUII laws in Oregon. This information should not be interpreted as legal advice, nor substituted for the specific legal advice of an experienced attorney.
When arrested for DUII, you will typically face two separate and distinct legal problems: (1) the criminal charge, which is handled by the district attorney's office and the court system, and (2) a civil administrative license suspension which is handled by the DMV and the Office of Administrative Hearings. Failure to request a hearing within 10 days after arrest will result in an automatic driver license suspension and preclude the ability to contest the suspension. A timely hearing request is absolutely critical to retain your driving privileges, and also provides valuable information and insight into the pending criminal charge.
The issues at a DMV hearing are technical, complex, and subtle. Without an experienced and knowledgeable attorney, DMV Hearings can be extremely difficult to win. However, with an attorney who specializes in DUII defense, your chances of success will increase significantly. Requesting a hearing to contest the implied consent suspension does not mean the suspension will be overturned. Rather, it means that one has a chance to overturn the suspension. It should be noted however, that even if you prevail at the DMV hearing, your driving privileges may still be suspended or revoked because of the separate criminal prosecution.
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A Police officer saw defendant attempt to take a drink from a container containing alcohol and made a stop of defendant. He began a DUII investigation by requesting field sobriety tests. Defendant refused the field sobriety tests and was subsequently arrested. Gig Wyatt, defendant's attorney, successfully defended, arguing that the police officer did not have sufficient probable cause to make the arrest, resulting in a dismissal of a proposed suspension from DMV.
"The DMV hearing is important not only to try and restore driving privileges, but to find information that we can also use to defend the DUII in court," Wyatt stated. "You are not required to take the breath test (FST) and I would not advise a person to do them. My client properly said she did not want to perform the tests and the officer did not have enough evidence to make the arrest."
Information about the " Actual Case" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.