Driver's License Suspension
All you need to know, if you’ve had your driver’s license suspended in Oregon.
Oregon Driver's License Suspension Program
Driving under the influence of intoxicants (DUII) is a serious offense in Oregon, and if you are convicted of this offense, you may face a range of penalties, including lengthy driver’s license suspensions. In this article, we will discuss driver’s license suspensions resulting from a DUII in Oregon, including the applicable laws, penalties, and possible defenses.
Driver's License Suspensions for DUII in Oregon
There are two avenues after an arrest for DUII that can result in a driver’s license suspension (1) you either fail a breath test, blood test, or urine test OR you refuse a breath, blood, or urine test; OR (2) you are convicted of DUII.
Suspensions After Breath/Blood/Urine Test Failures or Refusals
The first set of driver’s license suspensions that can occur when you are arrested for DUII relate to the breath test, and where requested, blood or urine tests. If you submitted to a breath or blood test and the test results showed a BAC of 0.08% or higher, your driver’s license will be suspended for 90 days for a first-time offense. If you refused to submit to a breath or blood test, and this is your first DUII arrest, your driver’s license will be suspended for one year for a first-time offense.
If you have a prior DUII conviction in the previous 5 years, you are currently participating in a DUII Diversion program, or you had previously failed or refused a breath, blood, or urine test, and you fail a new breath test, your driver’s license will be suspended for one year. However, if you have a prior DUII conviction in the previous 5 years, you are currently participating in a DUII Diversion program, or you had previously failed or refused a breath, blood, or urine test, and you refuse the breath test, your driver’s license will be suspended for three years.
If you fail a breath test or refuse a breath test, the arresting officer will take your driver’s license and issue a temporary permit that is valid for 30 days. The purpose of the temporary permit is to give you time to challenge the suspension of your driver’s license.
If you do not request a hearing to challenge the suspension within 10 days of your arrest, your driver’s license will be automatically suspended on the 30th day after your arrest. We always recommend requesting a hearing to challenge a driver’s license suspension due to a breath test.
Suspensions After a DUII Conviction
If you are convicted of DUII, your driver’s license will be suspended for a longer period of time. For a first-time DUII conviction, your driver’s license will be suspended for one year. If you have a previous DUII conviction within the past five years, your driver’s license will be suspended for three years. If you have two or more previous DUII convictions within the past ten years, your driver’s license will be permanently revoked. These are all orders of the court, and because state courts (and DMVs) are required under federal law to respect the orders of other state courts, these suspensions would be effective regardless of whether you have an Oregon driver’s license or an out-of-state driver’s license.
If your driver’s license has been revoked because of a past DUII conviction, learn more about the driver’s license restoration process here.
Defenses for Driver's License Suspensions for DUII in Oregon
If you have been arrested for DUII in Oregon, there may be several defenses that you can use to challenge the suspension of your driver’s license. Some of the most common defenses include:
Lack of probable cause: The police must have probable cause to stop and arrest you for DUII. If they did not have a valid reason for stopping you, any evidence obtained as a result of the stop may be suppressed, including the results of any breath or blood tests.
Inaccurate breath or blood test: Breath and blood tests are not infallible, and there are many factors that can affect the accuracy of these tests. For example, if the breathalyzer was not calibrated correctly or the blood sample was mishandled, the results of the test may be inaccurate.
Improper administration of field sobriety tests: Field sobriety tests, such as the walk-and-turn test or the one-leg stand test, are subjective and can be influenced by many factors, such as nervousness, fatigue, or physical impairment. If the officer did not administer the tests correctly or did not ask you the correct questions, the field sobriety tests can be called into question, and the court could determine that the officer illegally arrested you.
Violation of Right to Counsel: In Oregon, if you are under arrest and you request an attorney, the State must cease all further investigations. If you invoke your right to counsel, the officer cannot ask you perform any additional field sobriety tests, cannot ask you give a breath test, and cannot ask you to give a blood or urine sample. Instead, they must seek a search warrant in order to get a breath, blood, or urine sample. Invoking your right to counsel when you are under arrest does not mean the officer will release you immediately, nor will the officer wait for an attorney to be present. However, by requesting an attorney, there may be more ways for us to challenge the arrest and the DUII charge.
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We can answer questions such as “how long is your license suspended for dui?”, “how do I to avoid license suspension after a dui?”, “is my license suspended immediately after a dui?”. You can also find many DUI questions and answers on this website. Important: If you are stopped for any reason and are concerned about a possible DUI charge, you can immediately ask for a lawyer. If you are arrested, you do not have an obligation to talk to the police and, in fact, most people convict themselves when they do talk to the police. – “Touch to call” – 503-362-6528